Pharmaceutical companies that manufacture or distribute highly addictive pain pills have hired dozens of officials from the top levels of the Drug Enforcement Administration during the past decade, according to a Washington Post investigation.
The hires came after the DEA launched an aggressive campaign to curb a rising opioid epidemic that has resulted in thousands of overdose deaths each year. In 2005, the DEA began to crack down on companies that were distributing inordinate numbers of pills such as oxycodone to pain-management clinics and pharmacies around the country.
Since then, the pharmaceutical companies and law firms that represent them have hired at least 42 officials from the DEA — 31 of them directly from the division responsible for regulating the industry, according to work histories compiled by The Post and interviews with current and former agency officials.
The number of hires has prompted some current and former government officials to ask whether the companies raided the division to hire away DEA officials who were architects of the agency’s enforcement campaign or were most responsible for enforcing the laws the firms were accused of violating.
“The number of employees recruited from that division points to a deliberate strategy by the pharmaceutical industry to hire people who are the biggest headaches for them,” said John Carnevale, former director of planning for the White House’s Office of National Drug Control Policy, who now runs a consulting firm. “These people understand how DEA operates, the culture around diversion and DEA’s goals, and they can advise their clients how to stay within the guidelines.”
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This legal blog, recently inducted into the ABA Journal’s Hall of Fame, has been providing a Top 10 list for the past five years. The way we’d describe 2015 is eclectic, full of interesting disputes covering a wide range of legal topics including privacy, intellectual property, bankruptcy, antitrust, contracts and defamation.
Our top disputes of 2015 leaves out some long-running ones that came to momentous decisions (see: “Happy Birthday” or Google Books) and shortchanges some new ones that will likely provide plenty to write about moving forward (see: Sean Penn vs. Lee Daniels or the “Bones” lawsuit). There’s obviously room for debate about what belongs on the list. Our goal is to spotlight legal controversy both significant and much-discussed within and outside Hollywood. (A separate list for top legal and regulatory matters on the international front is also forthcoming.)
Without further ado, here — in reverse order — are the legal dramas that were most gripping this past year:
10: Gawker steps into the legal ring against Hulk Hogan
Well, the first trial ever over a celebrity sex tape didn’t happen. Not yet. After a postponement, Hogan’s $100 million lawsuit over the gossip site’s posting of a sex tape excerpt, and Gawker’s “newsworthy” defense, is now primed to begin trial in March. But plenty of fireworks in the case proceeded nevertheless. Gawker filed a lawsuit against the FBI to uncover documents from the government’s investigation of the Hogan tape. As Gawker faced backlash over a separate story about a Conde Nast executive who allegedly was involved with a male escort, other tabloids gained access to and printed an extended transcript of the sex-tape footage that showed Hogan uttering the N-word and making racist comments. A tarnished Hogan has been hunting the source of that leak, blaming Gawker, and a Florida judge in October allowed extensive discovery including an examination of Gawker employee tech equipment. Recently, Gawker announced that it would be switching its coverage to more politically-focused matters.
9. HBO beats defamation claims over a child labor report
Gawker hasn’t gone to trial yet over its news practices, but HBO did after a seven-year buildup in a case that examined an episode of Real Sports with Bryant Gumbel where young children in India were shown hand-stitching Mitre-branded soccer balls for pennies or less in order to pay off their parents’ debts. The trial inside a New York federal courthouse lasted a full month! It opened with harrowing images and an attack on HBO’s journalism just as the pay network was celebrating documentary hits like The Jinx and Going Clear. HBOfought back against Mitre’s defamation claims, and a jury heard conflicting testimony about who was exploitative and who was socially responsible. HBO prevailed, which represented a good outcome for the network, but one that also leaves untouched the judge’s controversial decision that the plaintiff — a multinational corporation — shouldn’t be considered a “public figure” for the purpose of figuring out whether defamation occurred.
8. Sony Pictures settles claims by ex-employees over hacked data
A nightmare of the scariest sorts best describes what happened to Sony Pictures when hackers stole the company’s most sensitive information and distributed it to the public on the verge of the release of The Interview. The subsequent class actions from ex-employees were just part of the fallout from this situation. Sony’s responsibility for safeguarding private data came into examination in the litigation, but the case didn’t go far. In October, Sony came to a proposed settlement to pay at least $5.5 million to resolve negligence claims. Some of the provocative issues that came up in the case — for example, how do victims of identity theft prove specific hacks are to blamed for their troubles when hacking has now become commonplace — will await testing in future cases.
7. Sports broadcasting faces a flood of antitrust lawsuits in the wake of a judge’s May ruling
The health of over-the-air and cable television is increasingly tied to live sports, the phenomenon that resists ad-skipping and cord-cutting. Thus, an antitrust lawsuit against Major League Baseball over how telecasts of games are packaged and distributed represents a huge deal. In May, a federal judge in New York agreed to certify a class of plaintiffs who aim to cut down territorial restrictions on game telecasts. The following month, the National Hockey League settled its own class action by agreeing to allow fans to obtain price-discounted streams of their favorite teams. These developments encouraged a flurry of similar antitrust lawsuits against the National Football League and their broadcast partners. Those latter cases have now been consolidated. Meanwhile, MLB is now set to go to trial in January. The outcome will be worth the ticket.
6. Hollywood talent agencies go to war
Agents in the entertainment industry have been defecting to rival agencies for decades. There’s often a bit ofEntourage-like drama that follows such flights, but nothing quite like the lawsuit that resulted when 12 agents at Creative Artists Agency moved over to United Talent Agency and brought with them top clients including Will Ferrell, Chris Pratt and Ed Helms. California usually favors employee mobility, but CAA alleges a “lawless midnight raid” with claims of interference against UTA, breach of fiduciary duty and breach of the duty of loyalty against the agents themselves. Much of the dispute is now playing out in arbitration, but there’s a big piece being litigated in open court. Unless settled, the war between CAA and UTA figures to addressCalifornia’s “seven-year rule” limiting lengthy personal services contracts. Typically applied to talent, the arguments on this subject will impact the alignment of stars and their dealmakers for decades to come.
5. Judge stops Aretha Franklin documentary from playing Telluride
In terms of shocking legal decisions, witness a judge’s decision in September to grant iconic soul singer Aretha Franklin’s emergency injunction motion to stop the film Amazing Grace from premiering at the Telluride Film Festival. Usually judges frown on prior restraints under the First Amendment, but in this instance, the judge determined the Amazing Grace producer had a contractual obligation to get her permission to use old concert footage and thus violated her right of publicity when he didn’t. We think the judge got it terribly wrong. The parties in the dispute are still negotiating a settlement in time for Sundance next month. If that doesn’t happen, the case could provide an important appellate review squaring a celebrity’s publicity rights with free speech.
4. Relativity Media declares bankruptcy
Hollywood’s biggest Chapter 11 filing in years hasn’t provided a satisfying answer to the core mystery of what went wrong for a studio aiming to bring a Moneyball-type quantitative approach to producing films. The bankruptcy of Ryan Kavanaugh’s company did, however, deliver a front row seat to the kind of arm-twisting and jockeying that happens when big financial institutions lend hundreds of millions of dollars only to see debt mature. Besides providing months of vicious legal filings — from accusations of
SAN FRANCISCO – A Washington D.C. legal aid center is seeking to abolish the country’s so-called cash bail system, saying requiring criminal suspects to post bail or stay in jail pending trial treats poor defendants unfairly.
The Equal Justice Under Law center has filed seven lawsuits across the country seeking to abolish the cash-bail system. It has succeeded in changing the bail policies in four, smaller Southern jurisdictions.
It filed its latest lawsuit in October, challenging San Francisco’s bail system. Center lawyer Phil Telfeyan says if a judge strikes down San Francisco’s bail system, similar policies in the state’s 57 other counties will also have to be changed.
A judge will decide in next month whether to temporary suspend San Francisco’s bail system until the lawsuit is resolved.
Actor Robert Downey Jr., who spent time behind bars in the late 1990s on drug convictions, received a Christmas Eve pardon from Gov. Jerry Brown, effectively removing a black mark from the movie star’s checkered past.
The actor was one of 91 people to whom the governor granted clemency for past crimes, most of them minor drug offenses that no longer are felonies under California law, as well as robbery and burglary. It has become an annual Christmas Eve tradition: official proclamations for men and women who previously served time for mostly nonviolent crimes.
Downey has a long history of problems with drugs and the law, including repeated arrests in 1996.
In June 1996, he was pulled over by police in Malibu for speeding. They found him under the influence, with a gun, cocaine and heroin in the truck.
Then in July, the then-31-year-old actor turned up in the house of a neighbor, passed out in a spare bedroom. At the time, he had just completed the film “One Night Stand,” portraying a character dying from AIDS.
“It’s like I’ve got a shotgun in my mouth, my finger on the trigger and I like the taste of gun metal,” Downey told a Los Angeles judge in 1999, as he was sentenced to three years in state prison. He was released one year later, and three months after that, was arrested in a Palm Springs hotel room where cocaine also was found.
He bounced between jail and rehabilitation clinics for several years, but then remarried and, in 2008, rekindled his acting career in the role of Tony Stark and “Iron Man” in a series of Marvel films.
In total, the actor served 15 months behind bars, and in 2002, he completed his parole.
Downey obtained an order on Oct. 20 from a Los Angeles County Superior Court judge, finding that he has since “lived an honest and upright life, exhibited good moral character, and conducted himself as a law-abiding citizen.”
The Christmas Eve pardon reads, “By completion of his sentence and good conduct in the community of his residence since his release, Robert John Downey, Jr. has paid his debt to society and earned a full and unconditional pardon.”