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Health Care & Hospital Law

Feb. 16, 2011

Biotech Still in the Dark on Prosecutions

The FDA released criteria for the agency's use of the Park Doctrine to prosecute pharmaceutical and medical device executives, but the guidance provided little clarity for lawyers and their clients.


By Mandy Jackson


Daily Journal Staff Writer


Biotechnology executives looking for clear terms under which they could face career-ending misdemeanor charges for misdeeds at their companies are still in the dark after the U.S. Food and Drug Administration released guidance on the Park Doctrine this month.


Based on a 1975 U.S. Supreme Court case, the Park Doctrine says the government can charge a responsible corporate officer with a misdemeanor vi...

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