Brian guided and counseled Teva through all stages of litigation and dispute resolution, both in federal court and in numerous state court jurisdictions. Most prominently, he managed Teva’s involvement in the landmark U.S. Supreme Court case, Pliva v. Mensing , in which the majority found that “failure to warn” product liability lawsuits against generic pharmaceutical manufacturers are preempted by federal law, a sea change in the law concerning generic pre-emption. He also counseled Teva on antitrust issues, in particular “pay to delay” matters, as well as on labeling and related regulatory issues. In addition, he provided counseling to various business units to ensure compliance with the existing regulatory regime, as well as created and implemented strategies to adapt to potential rule changes for generic pharmaceutical products.
Brian has experience investigating and coordinating responses to government subpoenas as well as FDA and FTC inquiries. Prior to joining Teva, he litigated business disputes, including advertising and intellectual property disputes, at a large New York law firm.
•FDA compliance and inquiry responses
•FTC compliance and inquiry responses
•Multidistrict and mass tort litigation
•Hon. William J. Bauer, U.S. Court of Appeals for the Seventh Circuit, 1998-1999
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