Related Practices






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Post-Approval or Commercialization Issues

We assist our clients with the legal issues surrounding all post-approval and commercialization issues, including:

  • Post-market duty-to-warn issues.
  • FDA preemption issues.
  • Advertising and marketing agreements.
  • Chain of distribution agreements.
  • Phase IV studies for secondary indications for drugs.
  • Compliance with reporting requirements.
  • Development of regulatory compliance programs and related training for employees and sales force.
  • Compliance investigations.
  • Pricing issues including those related to Average Manufacturing Price (AMP) and Average Sales Price (ASP).
  • State formulary issues.
  • Export and import issues related to either the product or intellectual property.
  • Adverse event and reporting requirements and development of crisis plans based on Homeland Security guidance.
  • Anti-counterfeiting investigation and enforcement, including programs to detect, intercept and seize counterfeit products throughout the world.
  • Issues involving parallel imports and reimported products globally.

Post-Approval or Commercialization Representative Matters

  • Develop and provide ongoing training to the marketing and sales teams of clients.
  • Conduct internal audits of marketing and sales techniques including, obtaining secondary indications, marketing “on-label,” investigate internal reports of misconduct, develop compliance policies related to marketing, sales and investigations.
  • Represent clients on state formulary board issues related to bioequivalent listings.
  • Represent clients on issues related to early generic market entry.

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Contact

Diane J. Romza-Kutz
Partner
E-mail 312.759.1922