POWERFUL ADVOCATES

Pharmaceuticals and Medical Devices

State Attorney General Litigation

Pepper has been in the forefront of vigorously and successfully defending and resolving attorney general actions under consumer protection, unfair trade practices, and/or Medicaid fraud statutes seeking civil penalties, restitution and injunctive relief. The claims are pursued by executive committees of multi-state attorney general groups, on behalf of Medicaid Fraud Control Units, by individual states, and by privately retained, contingent counsel representing states and counties.

Pepper has significant experience in multi-state attorney general investigations concerning a range of topics including GMP, product recalls, alleged failure to disclose risk information, and sales and marketing promotional practices.

We have defended individual AG actions brought by the states of Alaska, Arkansas, California Connecticut, Idaho, Louisiana, Maryland, Mississippi, Montana, New Mexico, Pennsylvania, South Carolina, Utah and West Virginia. We also have attacked the use of contingent fee agreements to bring these enforcement actions on federal and state constitutional grounds.

We have also successfully argued for federal jurisdiction over such actions, (see e.g. State of Louisiana, ex rel. Charles C. Foti, Jr. v. Eli Lilly and Co., 375 F. Supp. 2d 170 (E.D.N.Y. 2005), and developed creative grounds for obtaining summary judgment, (see e.g. Hood v. Eli Lilly & Co., 671 F. Supp. 2d 397 (E.D. N.Y. 2009) and Caldwell v. GlaxoSmithKline, No. 599353, 19th Judicial District, Louisiana (April 23, 2013). Pepper also has defended another form of government enforcement action seeking restitution and civil penalties (see County of Santa Clara v. GlaxoSmithKline, 2011 U.S. Dist. LEXIS 124458 (E.D. Pa. Oct. 26, 2011) (granting motion to dismiss in part).

Additional examples of our experience include:

  • Following a seven-week long jury trial, we obtained settlement on favorable terms of an Alaska state attorney general action against a major pharmaceutical manufacturer seeking more than $1 billion in reimbursement and civil penalties.
  • We defended a major pharmaceutical company against private counsel representing multiple individual state attorney general actions, including Connecticut, Idaho, Louisiana, Minnesota, Mississippi, New Mexico, Montana, South Carolina, Utah and West Virginia. All were either dismissed or settled.
  • Pepper obtained favorable resolution of a 34-state attorney general investigation involving marketing practices by a leading pharmaceutical manufacturer.
  • Pepper obtained favorable resolution of a 38-state attorney general investigation of another leading pharmaceutical company regarding manufacturing and recall issues for several products.
  • Pepper has defended or is defending a leading pharmaceutical manufacturer in multiple individual state attorney general actions involving including California, Louisiana, Mississippi, South Carolina, Utah and West Virginia.
  • Pepper defended major pharmaceutical company in a 38-state attorney general investigation regarding the promotion of the safety and efficacy profile of one of its leading products, resulting in multistate resolution.
  • Pepper is currently defending a Fortune 500 client against consumer claims brought by the County of Santa Clara, under California consumer protection law.
  • Pepper is currently defending a major medical device manufacturer in a multi-state attorney general investigation.