Checking the Box Can Get You in the Hot Seat

August 1, 2008

Some companies and their executives believe that when the government asks for a certification, the executives should simply make the government happy and sign the document. A recent criminal prosecution demonstrates that a false certification can get both the company and the executive signing that statement into huge legal jams. The case also demonstrates the federal government’s continuing interest and concerns about agreements between pharmaceutical companies that resolve litigation by restricting a company’s willingness to enter the marketplace.