Clarification: Pepper Hamilton Did Commit an Email Screw-Up...
But it didn't result in a front-page New York Times story on the Zyprexa settlement talks. Apparently reporter Alex Berenson had independent knowledge of the settlement negotiations, and this knowledge was the basis for his story. Details over at Drug and Device Law.
In our brief and breezy post, we never claimed that the email error triggered the NYT story. But we did link to other sources that mistakenly suggested this. So if you read the original post, be sure to read this correction / clarification.
Update: Actually, the correction may itself require correction (or at least clarification). See here.
It Wasn't Pepper's Fault! Berenson Confirms [Drug and Device Law]
Comments
It's my first first time.
Posted by: Anonymous | February 6, 2008 04:55 PM
This reads like a pool of crap. Sounds like a reporter who may be trying to protect someone. I keep coming back to how did this NYT reporter end up on a lawyer's address book. Obviously there had been prior contact between the two.
Posted by: Anonymous | February 6, 2008 05:24 PM
Agree with 5:24. The spin cycle just came on.
Posted by: anon | February 6, 2008 06:51 PM
Phew! Malpractice claim avoided b/c this super-sleuth reporter happened to have "independent" knowledge of this ultra-secret deal.
And go figure, by sheer coincidence he later (while already in possession of such a secret) happened to be inadvertently cced on an internal email divulging the same.
I want to go to LV with this dude.
Posted by: Anonymous | February 6, 2008 09:04 PM
I'm guessin the lawyer in question was eatin' at the taco del Berenson and she's gone into full on "protect my boy-toy" mode.
Posted by: Yep | February 7, 2008 12:23 AM
I've said it before. There's probably a simpler explanation of why someone at Pepper had Alex Berenson's email address in the system. I would bet Judge Weinstein required Pepper to email Berenson and "invite" him to come to court and explain his involvement in the Zyprexa document leak late last year. (http://lawprofessors.typepad.com/tortsprof/files/berenson.pdf)
People involved here could have egg on their face and be embarrassed by document leaks, but based on the Weinstein opinion, I don't think it's Pepper.
Posted by: Anonymous | February 9, 2008 12:33 AM