Pharmaceutical Marketing & Pricing

Montgomery McCracken successfully represented Schering-Plough Corporation in a civil and criminal investigation conducted by the U.S. Department of Justice relating to marketing practices and Medicaid Best Price issues. The government alleged violations of the anti-kickback statute and best price statute and sought significant government monetary penalties consistent with its recent tactics against pharmaceutical companies. Montgomery McCracken settled this matter for Schering-Plough creatively by placing liabilities in an inactive subsidiary for a fraction of the monetary penalties sought by the government.

The firm represents another major pharmaceutical company in a similar government investigation which also includes allegations of an improper off-label promotion of branded pharmaceuticals.