'Polite F-U' Email Stays In States' Drug Price-Fixing Case

Law360 (January 10, 2020, 4:34 PM EST) -- A Pennsylvania federal judge refused Heritage Pharmaceuticals Inc.’s bid to seal an email about an industry group’s planned “polite f-u” response to a congressional inquiry into generic-drug price-fixing claims, ruling Thursday that the email isn’t subject to attorney-client privilege.

U.S. District Judge Cynthia M. Rufe reasoned that Heritage’s then-outside counsel was not providing legal advice in the email but rather conveying information to CEO Jeffrey Glazer from third parties. In the communication at issue, dated October 2014, the counsel told Glazer about how the Generic Pharmaceutical Association and industry players intended to reply to lawmakers’ probe of whether major drugmakers conspired to...

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