Speaking at a BNA LegalEdge webinar on FCPA enforcement in the drug and medical device industries, James Tillen and Matt Reinhard* noted that the pharmaceutical industry is in DOJ's “cross-hairs” at the moment, citing a November 2009 speech by Assistant Attorney General Lanny A. Breuer announcing the government's intention to focus on the industry. They also noted that at least 10 FCPA investigations have focused on the industry since 2002 and that there currently are at least 13 open investigations involving drug companies. When developing FCPA compliance programs, companies must keep in mind that DOJ broadly defines “government official,” Tillen and Reinhard said. For drug and device companies in particular, that term can include physicians and executives at government-run hospitals, they said.

*Former Miller & Chevalier attorney