HHS-OIG Drops Potential Action Against Howard Solomon

On August 5, 2011, the Office of Inspector General for the Department of Health and Human Services dropped a potential action against Davis Polk client Howard Solomon, the President, Chairman & CEO of Forest Laboratories. Earlier this year, the OIG issued a notice of intent to exclude Mr. Solomon from involvement in federal health programs.

Exclusion from the federal health programs would have effectively barred Mr. Solomon from the pharmaceutical industry. Debarment of Mr. Solomon would have been unprecedented, dramatically raising the individual liability of drug company executives and signaling an aggressive shift in the government's pursuit of individuals in such cases.

The Davis Polk team was led by Martine M. Beamon and Robert B. Fiske, Jr., and included associates Ross B. Galin, Karen Luftglass and Katherine A. Marshall.