The Crime of Doing Nothing: New Threats for Corporate Officers (an ABA webinar)

Thursday, April 26, 2012
12:00 PM - 01:30 PM Eastern Daylight Time

Morgan Lewis of counsel Arianne Callender will present for this American Bar Association webinar, "The Crime of Doing Nothing: New Threats for Corporate Officers."

The responsible corporate officer doctrine has expanded as a means to establish the liability of corporate officers for administrative and civil penalties, among other things. Aptly called the "crime of doing nothing," this doctrine focuses on a person's position in an organization to impose a non-delegable duty to prevent violations.

Recently, the FDA and The Office of the Inspector General (OIG) for the U.S. Department of Health & Human Services published guidance on the factors they will consider in determining whether to take action against individuals under this doctrine. In the past year, the OIG has excluded corporate executives of pharmaceutical companies—including a general counsel—based on misdemeanor Federal Food, Drug, and Cosmetics Act (FD&C Act) violations. This panel will examine the doctrine and proactive measures for use in avoiding or minimizing the risks involved.

Topics to be discussed include:

  • What factors the OIG used to exclude corporate executives on misdemeanor FDA violations.
  • Factors the Office of the Inspector General (OIG) considers prior to taking action against an officer.
  • The ethical responsibilities associated with being a corporate officer.

Thursday, April 26, 2012
12:00–1:30 pm (ET)

CLE Credit:
Please see the event website for CLE and MCLE credit information.