June 17, 2009
Partner Sarah L. Reid was quoted in The National Law Journal article, "Companies Seek to Sanction DOJ Over Lost Evidence in Drug Pricing Case."
The article discussed the motions filed in the U.S. Court for the District of Massachusetts by two companies, Abbott Laboratories and Dey Inc., against the U.S. Department of Justice for allegedly destroying evidence in a multidistrict wholesale drug pricing case.
Memos from Abbott and Dey claimed that "data was lost and potential witnesses forgot key information" during the nine years that the DOJ sealed the cases in order to conduct its own investigations to determine whether to join the cases.
"‘Dey has been prejudiced because during those nine years that the Government was gathering evidence to bolster its case, the Government was doing nothing to preserve the full record of evidence that could be used by Dey in support of its defenses,’ stated the memo, authored by Sarah Reid, a partner at New York's Kelley Drye & Warren."