- New HHS Policy on Buprenorphine for the Treatment of Opioid Use Disorder – Finally, Treatment is More Accessible than Opioids…. UPDATE January 26, 2021
- HP&M’s Frank Sasinowski to Present at Kinexum’s “Wow or Yeow?! FDA Outlook for 2021 and Beyond” January 25, 2021
- Most Favored Nation Drug Pricing Rule on Hold Awaiting Changes January 22, 2021
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United States v. Farinella: Vindicated on Appeal – It Does Happen
July 21, 2009Hyman, Phelps & McNamara’s John R. Fleder has written an article in the July/August 2009 edition of the Food and Drug Law Institute’s Update Magazine. The article is entitled: “Vindicated on Appeal – It Does Happen.” The article discusses a recent ruling in United States v. Farinella by a federal appeals court in Chicago. That decision vacated and reversed a felony criminal conviction in a FDA-related case. The theme of the article is that although the government provides incentives for individuals and companies to plead guilty in criminal cases, the government has a heavy burden to overcome in order to convict someone and make that conviction stick on appeal. This case teaches that mistakes by federal prosecutors and others on the prosecution team can destroy a case that might otherwise seem to have prosecutorial merit. Thus, going to trial, and even appealing after a conviction can lead to a total vindication of the individual or company targeted by the government for prosecution. In this case, the appellate court had harsh words about the prosecution of the case, using general language that could be helpful to many FDA-regulated companies, whether or not they are being criminally prosecuted.
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- New HHS Policy on Buprenorphine for the Treatment of Opioid Use Disorder – Finally, Treatment is More Accessible than Opioids…. UPDATE January 26, 2021
- HP&M’s Frank Sasinowski to Present at Kinexum’s “Wow or Yeow?! FDA Outlook for 2021 and Beyond” January 25, 2021
- Most Favored Nation Drug Pricing Rule on Hold Awaiting Changes January 22, 2021
- FDA Continues Discussion of AI/ML Software Medical Devices January 21, 2021
- Proposed Changes to Short-Form Version of Safe Harbor Proposition 65 Warning January 20, 2021
- Big Molecule Watch Blog
- Bloomberg BNA Health Care Blog
- Drug and Device Law Blog
- Eye on FDA
- FDA Matters
- Harvard Law Bill of Health
- IN VIVO Blog
- Internet Drug News.com
- Lachman Consultants Blog
- Medical Devices Today
- Orange Book Blog
- The Orange Book Insights Blog
- Pharma IQ
- Pharmalot
- SCOTUS Blog
- The Volokh Conspiracy
- WLF Legal Pulse
- Advertising and Promotion (Federal Trade Commission)
- Advertising and Promotion (OPDP)
- Animal Drugs and Feeds
- Biosimilars
- Cannabis
- cGMP Compliance
- Consumer Product Safety Commission
- Controlled Substances
- Cosmetics
- COVID19
- Current Affairs
- Dietary Supplements
- Drug Development
- Drug Enforcement Administration
- Enforcement
- FDA News
- Foods
- Foods and Dietary Supplements
- Fraud and Abuse
- Government Pricing
- Hatch-Waxman
- Health Care
- Health Privacy
- Import/Export
- In Vitro Diagnostic Devices
- Jobs
- Medical Devices
- Miscellaneous
- Orphan Drugs
- OTC Drugs and Cosmetics
- Prescription Drugs and Biologics
- Product Jurisdiction and Combination Products
- Reimbursement
- Tissue Products
- Tobacco
- Uncategorized