James Tillen and Matt Reinhard* discuss assistant attorney general Lanny Breuer's warning to a government will be "intensely focused" on FCPA violations in the pharmaceutical industry. "One thing I thought was very interesting in Lanny's speech is that he said they would be working with the [Justice Department's] health care fraud group," said Tillen. "The subtext was, we already have ramped up. There won't be a learning curve here." Tillen added that it can be hard to tell who is a government official in the health care world overseas. "In much of the world where you have some form of socialized medicine, the question of who is a government official can be complicated," he said.

Reinhard pointed out that Breuer emphasized that the government will be looking closely at gifts, entertainment, and conference travel and lodging provided to medical officials. "The problem is, there is no bright-line rule," he said. "It's not like on Capitol Hill, where they can't accept anything worth more than $25." He added, "This is an area where the industry association could really get involved and try to develop some guidelines and best practices."

*Former Miller & Chevalier attorney