IN BRIEF: Mylan Won't Testify at EpiPen Hearing, Draws Grassley's Ire – The National Law Journal (registration)


Obama administration officials and Mylan N.V. are declining to send representatives to testify at a senate judiciary committee hearing this month that would explore the government’s $465 million settlement with the pharmaceutical company over its alleged misclassification of the EpiPen for purposes of Medicaid rebates.

Sen. Chuck Grassley, R-Iowa, chairman of the committee, has questioned the fairness of the deal that Mylan said it had reached in October with the U.S. Justice Department and regulatory agencies. The settlement, which Mylan announced in a news release, came amid the public outcry over Mylan’s decision to increase the price of its epinephrine auto-injector epipen.

The Justice Department and Centers for Medicaid and medicare services haven’t commented on the settlement. Mylan didn’t admit any wrongdoing.

On Nov. 21, Grassley rebuked U.S. regulators — and Mylan — for refusing to participate in a hearing — “Oversight of the EpiPen Crisis and Settlement: Where is the Federal Government in Looking Out for Taxpayers and Patients?” — set for Nov. 30. Grassley said in part “It’s a shame government agencies and the company are ducking accountability under a voluntary process. One way or another, I intend to get answers for patients and taxpayers.”

Kathryn Ruemmler, a Latham & Watkins partner who is global co-chairwoman of its white-collar defense practice and a former white house counsel in the Obama administration, represents Mylan. She said in a letter to Grassley this month that the company would decline to testify at the hearing.

“Given the stated focus of the proposed hearing, the fact that it involves a pending matter, and that the government agencies in question will not be able to send a witness to testify or provide further information, Mylan respectfully declines to invitation to testify.”

Diane Brayton, New York Times secretary and deputy general counsel
Diane Brayton, new york times secretary and deputy general counsel


The new york times co. announced Nov. 21 that Diane Brayton will succeed Kenneth Richieri as the company’s top lawyer on Jan. 1, 2017. Richieri, who has held the general counsel role since 2006, will retire on Dec. 31.

Brayton started working in the Times’ legal department in 2004, when she was hired as counsel. She was promoted to senior counsel in 2007 and then assistant secretary and assistant general counsel in 2009. Since 2011, Brayton has served as the company’s corporate secretary. And in May 2016, she was named deputy general counsel.

In her current role, Brayton oversees areas including regulatory compliance, corporate governance and executive compensation. Prior to joining the Times, Brayton served as vice president and counsel in the legal department of credit suisse first boston from 2002 to 2004.

Outgoing GC Richieri joined the Times’ legal department over three decades ago, in 1983, as legal counsel. From there, he rose through the ranks until he became general counsel in 2006 and executive vice president in 2013.

“Ken has been a tireless defender of our journalism and legal champion of this company for 33 years, and his contributions over that time are too many to count,” said Arthur Sulzberger Jr., chairman of the company and publisher of The New York Times. “The Times and our industry more broadly have benefited from his advocacy on behalf of the First Amendment, and I’m confident he will continue to be a leading voice in this arena.”

It was under Richieri’s leadership that assistant general counsel david mccraw wrote the widely circulated letter to a lawyer for then-Republican presidential candidate donald trump in October. trump lawyer marc kasowitz threatened to sue the Times because of an article that featured two women accusing Trump of sexual misconduct. In declining to take down the article, McCraw wrote, if Trump believes “the law of this country forces us and those who would dare to criticize him to stand silent or be punished, we welcome the opportunity to have a court set him straight.”

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