9th Circ. Refuses To Rethink Ex-InterMune CEO's Conviction

Law360, New York (December 5, 2017, 6:23 PM EST) -- A Ninth Circuit panel said Monday that it wouldn't rethink a 2009 wire fraud conviction of biotechnology company InterMune's former CEO, rejecting his argument that his attorneys' performance at trial was constitutionally deficient.

In the unpublished, unanimous opinion, the panel ruled that decisions by Scott Harkonen's attorneys not to present expert witnesses during his trial to explain the biostatistical methodology behind his claims was soundly based on the theory that the testimony could have hurt his case. Harkonen was convicted in September 2009 after allegedly making false statements about the effectiveness of the San Francisco Bay area-based company's lung disease drug Actimmune....

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