HP&M Attorneys to Present Audioconference on Unannounced FDA RaidsSeptember 9, 2009
On September 10, 2009, Hyman, Phelps & McNamara’s John R. Fleder and William T. Koustas will speak at a Thompson Interactive audioconference on FDA’s use of criminal search warrants. The audioconference, titled “Unannounced FDA Raids: Be Ready Before They Appear at Your Door,” will cover the following issues:
- When will the FDA use a search warrant rather than a Form 482? Can an investigator enter your facility if she doesn’t have a 482 or a search warrant?
- The administrative inspection warrant vs. a criminal search warrant – does one have more power than the other? How should you prepare for each?
- Can you prevent an investigator from entering, or block them from access to areas not covered by a warrant? Can you ask for outside counsel to be present without obstructing justice?
- What can you ask investigators? How should you respond to their questions? Can you follow them throughout the search?
- How should you manage agent access to other employees?
- Where should documents be filed and stored before a raid to prevent agents from viewing privileged information they don’t have a legal right to see?
- Expect the unexpected – preparing for and managing other raid issues like media attention and employee fears.
Additional information on the audioconference, including registration information, is available here.