Foley Partner David Simon, Associate Erin Holland, and Of Counsel Gregory Husisian authored an article that appeared in the May 2010 issue of Medical Device and Diagnostic Industry titled “No Doctoring the Books.” Simon, Holland and Husisian discuss how recent government actions make it clear that Foreign Corrupt Practices Act (FCPA) enforcement activities in the pharmaceutical and media device industries are becoming a priority. They note that many industry executives may be surprised to learn that under the broad interpretations of the FCPA adopted by U.S. enforcement agencies, normal marketing and promotional activities directed at physicians, technicians or hospital administrators whose companies are owned or controlled by a foreign government potentially can create FCPA liability. The authors add that conducting an appropriate risk assessment and implementing compliance measures can minimize the FCPA risks inherent to device and pharmaceutical manufacturers.
