In Law360, Partners Discuss 20th Anniversary of David Franklin v. Parke-Davis

In a Law360 article, partner Douglas Hallward-Driemeier, who leads the firm’s appellate and supreme court practice, and partner John Bueker, global co-chair of the litigation & enforcement practice, discussed the False Claims Act case David Franklin v. Parke-Davis from more than 20 years ago that focused on off-label drug promotion.

“I do think that settlement in the Parke-Davis case—and the prospect of doing the same thing with other drugs—really incentivized whistleblowers to come forward if they knew of off-label promotion and attorneys to want to take the time to develop those cases and bring them to the government,” said Doug.

The landmark case also made Boston an epicenter of FCA litigation. “Federal prosecutors really got energized. People talk about the Boston U.S. Attorney’s Office as one of those places where the government has used the False Claims Act on some novel theories to change conduct as they see it in the industry,” said John.