In this episode of On Trial, host Christopher DeGennaro sits down with Foley senior partner Mike Gay, former chair of Foley’s national Litigation Department, with 30 years’ experience as a trial lawyer focusing on bet-the-company litigation. In addition to speaking about his path to trial practice, Mike explains his view on the most important part of a trial (voir dire) and shares some of his trial war stories, including famously defending a newspaper in a defamation action brought by a mob enforcer.
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On March 5, 2025, one U.S. District Court ruled unequivocally in the Food & Drug Administration’s (FDA) favor in the case, Outsourcing Facilities Ass’n, et. al. v. U.S. Food and Drug Admin., et. al., 4:24-cv-0953-P, slip op., 2025 WL 746028, at *15 (N.D. Tex. Mar. 5, 2025), denying plaintiffs’ motion for (1) a preliminary injunction (PI) prohibiting the FDA from taking action against Outsourcing Facilities Association (OFA) members and FarmaKeio based on their compounding of the drug ingredient tirzepatide pending final judgment in the case and (2) a stay pending conclusion of the review proceedings in response to the FDA’s declaration that the shortage of the diabetes and weight-loss tirzepatide products has been resolved.