September 13, 2019

Representing Drug Companies in High-Profile Cases: Lessons from the Insys Therapeutics and Rochester Drug Cooperative Cases

Over the past two decades, over 200,000 people have overdosed and died from abusing highly addictive prescription opioids, in what has come to be known as the “Opioid Crisis.” Recently, the U.S. Department of Justice (“DOJ”) has begun taking legal action to fight the Opioid Crisis through the filing of criminal charges against pharmaceutical companies and drug distributors, as well as their executives, in an effort to hold these companies and individuals accountable for their role in the crisis. The DOJ’s recent efforts have included bringing criminal charges against Insys Therapeutics, Inc., Rochester Drug-Cooperative, Inc, and Miami-Luken Inc., and their executives. Among the laws cited by the DOJ as having been violated by these companies are the Controlled Substances Act [21 U.S.C. §§ 801-971], the Anti-Kickback Law [15 U.S.C. § 1320a-7b(b)], and the False Claims Act [31 U.S.C. §§ 3729-3733].