Prevent

More than ever, pharmaceutical companies are the targets of a well-financed, well-organized and aggressive plaintiffs’ bar. Often working in tandem with government agencies, prosecutors, activist investors and insurers, today’s plaintiffs’ bar attacks with a “perfect storm” of litigation threats involving product liability claims, government investigations, third-party payor claims, securities litigation and a host of other claims.

The best defense against this deluge starts well before any case is filed. Pepper counsels clients from the beginning of the product development process through sales and marketing - “from molecule to marketing” - on the best ways to prevent or reduce the threat of future litigation or regulatory action. We help clients design protocols to ensure that health and safety are kept in mind in product design, potential side effects and other risks are assessed and properly described, clinical trials are run properly, affirmative steps are taken to track what scientists, regulators and others say about safety risks, public announcements are consistent with the company’s internal evaluations and assessments, and other steps are taken to avoid the risk of future regulatory action or litigation.