What's in a Name? Berenson / Bradford Berenson?

[Guest guest]

LOL - if this weren't so sad, it would be really funny! Eli - the maker of

Thimerosol, whom just so happened to be enhonorated by the DoD Appropriations

Bill, thanks to language snuck in the bill completely unrelated to the military

- now may find themselves in a position not so easy to get out of..... Couldn't

of happened to a better company!

ALLIANCE FOR HUMAN RESEARCH PROTECTION Promoting Openness, Full Disclosure,

and Accountability

http://www.ahrp.org <http://www.ahrp.org/> and http://ahrp.blogspot.com

FYI

What's in a Name? Berenson / Bradford Berenson?

New York Times reporter Berenson, it turns out, scored a heck of a page one

scoop last week when he revealed that Eli Lilly was engaged in secret settlement

talks looking to reach a settlement with federal prosecutors over the company's

alleged criminal and civil marketing violations involving its antipsychotic drug

Zyprexa. A staggering settlement figure of $1 billion or more was mentioned.

http://ahrp.blogspot.com/2008/02/blog-post.html

It turns out that a secret memo from a lawyer at Pepper Hamilton (one of Lilly's

outside law firms) meant for a co-counsel, named Bradford Berenson, at Sidley

Ausin ( another law firm hired by Lilly) landed in the in-box

of Times reporter, Berenson.

As Ed Silverman of Phamalot notes (below), " it's great luck for Berenson - the

reporter, that is - because he got a scoop (which amounts to a poke in the eye

for Lilly, since he's the same reporter who was leaked sealed

court documents last year and called 'reprehensible' by a federal judge). "

In Dec. 2006, Berenson brought to public light the content of Lilly's

court sealed Zyprexa documents that had been leaked by Dr. Egelman, an

expert retained by Pepper Hamilton.

http://ahrp.blogspot.com/2006/12/eli-lilly-documents-show-risks-of.html

First to report the $1 Billion Mailstrom was Portfolio (below) " When the New

York Times broke the story last week that Eli Lilly & Co. was in confidential

settlement talks with the government, angry calls flew behind the scenes as the

drug giant's executives accused federal officials of leaking the information.

With the negotiations over alleged marketing improprieties reaching a

mind-boggling sum of $1 billion, Eli Lilly had every reason to want to keep the

talks under wraps. It was paying the two fancy law firms a small

fortune to negotiate deftly and quietly. "

sadly, no confidential emails with further scoops were received in error.... but

then who knows what tomorrow brings...

Contact: Vera Hassner Sharav

veracare@...

212-595-8974

http://www.portfolio.com/news-markets/top-5/2008/02/05/Eli-Lilly-E-Mail-to-N

ew-York-Times

Lilly's $1 Billion E-Mailstrom

by Eban Feb 5 2008

A secret memo meant for a colleague lands in a Times reporter's in-box.

When the New York Times broke the story last week that Eli Lilly & Co. was in

confidential settlement talks with the government, angry calls flew behind the

scenes as the drug giant's executives accused federal officials

of leaking the information.

As the company's lawyers began turning over rocks closer to home, however, they

discovered what could be called A Nightmare on Email Street, a pharmaceutical

consultant told Portfolio.com. One of its outside

lawyers at Philadelphia-based Pepper Hamilton had mistakenly emailed

confidential information on the talks to Times reporter Berenson instead of

Bradford Berenson, her co-counsel at Sidley Austin.

With the negotiations over alleged marketing improprieties reaching a

mind-boggling sum of $1 billion, Eli Lilly had every reason to want to keep the

talks under wraps. It was paying the two fancy law firms a small

fortune to negotiate deftly and quietly.

If and when it did settle the allegations that it had improperly marketed its

most profitable drug, Zyprexa, for schizophrenia, it would certainly want to

announce the news on terms carefully negotiated with the

government.

" We usually try to brace for that [kind of] story, " a Lilly staffer said.

So when the Times' Berenson began calling around for comment, and seemed to

possess remarkably detailed inside information about the negotiations, Lilly

executives were certain the source of the leak was the government.

As it turned out, one of Eli Lilly's lawyers at Pepper Hamilton in Philadelphia

wanted to email Sidley Austin's Berenson, about the negotiations. But

apparently, the name that popped up from her email correspondents was the wrong

Berenson.

Berenson logged on to find an internal " very comprehensive document " about

the negotiations, the consultant said, and on January 30, Berenson's article,

" Lilly in Settlement Talks With U.S. " appeared on the Times' website. A similar

article followed the next day on the front page of the New York Times.

Those who knew the real story must have had a chuckle-or shed some tears-over

Lilly's statement to the Times that it had " no intention of sharing those

discussions [with the government] with the news media and

it would be speculative and irresponsible for anyone to do so. "

When reached for comment, Berenson told Portfolio.com, " I can't say

anything. I just can't. "

A spokeswoman for the U.S. Attorney's office in Philadelphia, which is

spearheading the Zyprexa investigation, declined to comment, as did a

spokeswoman for Eli Lilly.

However, the Lilly spokeswoman called back to add that the drugmaker would

continue to retain Pepper Hamilton. Phone calls to Sidley Austin and Pepper

Hamilton were not returned.

And sadly, no confidential emails with further scoops were received in error.

~~~~~~~~~~~

http://www.pharmalot.com/2008/02/lilly-lawyer-accidentally-leaks-settlement/

#comments

Pharmalot.com

Lilly Lawyer Accidentally Leaks Settlement Talks

February 5th, 2008

By Ed Silverman

Talk about comical. The news last week that the drugmaker is negotiating with

federal and state prosecutors over improper marketing of Zyprexa was the result

of an accident, according to Portfolio

<http://www.portfolio.com/news-markets/top-5/2008/02/05/Eli-Lilly-E-Mail-to-

New-York-Times> . But it was a big accident.

As it turns out, a lawyer at Pepper Hamilton, one of two high-priced law firms

negotiating the deal with the government, mistakenly sent an e-mail containing a

comprehensive and confidential document to a reporter at

The New York Times. How could that have happened? The reporter, Berenson,

has the same last name as another lawyer who was supposed to have received the

e-mail, Bradford Berenson

<http://www.sidley.com/ourpeople/Detail.aspx?attorney=971> , who works at Sidley

Austin.

Of course, this is embarassing for the law firm, which is being paid

who-knows-how-much to get Lilly the best deal possible, and keep quiet about the

details until the package is wrapped and the bow is placed on top.

And this is infuriating for Lilly, which wants to carefully manage the message

sent to investors, doctors and a slew of others who will hinge on every word

concerning any settlement.

But it's great luck for Berenson - the reporter, that is - because he got a

scoop (which amounts to a poke in the eye for Lilly, since he's the same

reporter who was leaked sealed court documents last year and called

'reprehensible' by a federal judge).

Not surprisingly, Lilly assumed the leak came from someone on the government

side, Portfolio writes. The US Attorney in Philadelphia, which is leading the

talks, declined to comment to the mag, as did Berenson (the

reporter). Lilly would only say Pepper Hamilton is still retained. There was no

word on how often the unnamed lawyer who caused this gaffe had communicated

previously with Berenson - the reporter, not the lawyer.

[AboveTheLaw

<http://www.abovethelaw.com/2008/02/atl_practice_pointer_when_emai.php>

says they're cousins. In any event, correctly identify which Berenson is which

and win a free subscription to Pharmalot. As a personal aside, we look forward

to drugmakers hiring attorneys named Silverman.]

Hat tip to Starkman

<http://www.starkmanassociates.com/2008/02/05/alex-berenson-bradford-berenso

n.html>