On Demand Audio

Current Trends in DEA Diversion-Related Enforcement

(167 reviews)

Produced on April 09, 2018

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Course Information

Time 91 minutes
Difficulty Intermediate

Course Description

As the nation continues to experience the devastating effects of the prescription opioid epidemic, the Drug Enforcement Administration and its enforcement efforts have been catapulted into the national spotlight. Yet despite thousands of prescription opioid-related deaths each year, DEA’s diversion-related enforcement efforts remain an anomaly. The Agency has come under fire for a lack of enforcement, while industry has decried a lack of clear legal obligations for industry to follow.

This course, taught by Hyman, Phelps & McNamara Director Karla Palmer and associate Andrew Hull, explores the DEA’s legal basis for diversion-related enforcement and the Agency’s administrative, civil, and criminal tools. The course also looks at the recent trends over the last couple of years in DEA’s enforcement activities and provides helpful tools for both in-house and outside counsel who represent DEA registrants.


Learning Objectives:
  1. Grasp the scope of the DEA’s diversion program
  2. Discuss the DEA’s administrative, civil, and criminal enforcement tools
  3. Review recent trends in DEA’s diversion-related enforcement activities
  4. Discover available resources for defending DEA registrants on the other end of DEA enforcement

Credit Information

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Faculty

Andrew Hull

Hyman Phelps & McNamara, P.C.

Andrew J. Hull represents clients on matters related to administrative, civil, and criminal investigations and proceedings conducted by the DOJ, DEA, FDA, and state authorities under the federal Controlled Substances Act (CSA), the Federal Food, Drug, and Cosmetic Act, and related state laws and regulations. He also advises clients on compliance with federal and state laws and regulations related to the manufacturing, distributing, and dispensing of controlled substances and prescription drugs, particularly under the federal CSA and the Drug Supply Chain Security Act. 


Prior to joining the firm, Mr. Hull served as the law clerk to the DEA’s Chief Administrative Law Judge (ALJ), John J. Mulrooney, II, a position he was awarded through the DOJ’s Attorney General’s Honors Program. As a law clerk, he co-authored with Judge Mulrooney the first in-depth primer for practitioners and pharmacies involved in administrative proceedings and hearings before the DEA, titled Drug Diversion Administrative Revocation and Application Hearings for Medical and Pharmacy Practitioners: A Primer for Navigating Murky, Drug-Infested Waters. 


At law school, Mr. Hull served as the editor-in-chief of his school’s law review, and he is the author of numerous publications. 



Karla Palmer

Hyman, Phelps & McNamara, P.C.

Karla L. Palmer focuses on DEA and FDA enforcement and litigation matters, with particular emphasis on Controlled Substances Act (CSA) issues. Ms. Palmer advises clients throughout the supply chain, from manufacturers and distributors to pharmacies and doctors on a range of issues including government inspections and investigations, warning letters, consent decrees, and administrative and federal proceedings. 


Ms. Palmer also advises compounding pharmacies and outsourcing facilities on all aspects of the Drug Quality and Security Act, and has closely followed developments in the law prior to and since its enactment in late 2013. 


Over the course of her career, Ms. Palmer has been involved in all aspects of commercial litigation. She has served as trial counsel in federal, state, and administrative courts in the District of Columbia, Florida, Illinois, Maryland, New York, Nevada, Pennsylvania, Kansas, Virginia, and before the Court of Federal Claims, the U.S. Tax Court, and Federal Energy Regulatory Commission (FERC). She also has significant arbitration and mediation experience. 


Before joining Hyman, Phelps & McNamara in 2010, Ms. Palmer was a partner at a large international law firm where she was head of the Washington, D.C. trial department and co-partner-in-charge of its national recruiting program. Following law school, Ms. Palmer clerked for the Honorable Claude M. Hilton, former Chief Judge of the U.S. District Court for the Eastern District of Virginia, Alexandria Division. She has served as both lead and local counsel in the Eastern District of Virginia. 


While in law school, Ms. Palmer was an associate editor of The University of Richmond Law Review, a member of the McNeill Law Honor Society, and a legal writing teaching assistant. 


Ms. Palmer is an immediate past member of the Board of Directors of the Law School Alumni Association at the University of Richmond, and is a former board member of Chattering Children, a nonprofit that provides speech and language education, therapy, and services to hearing impaired children throughout the Washington, D.C. area. 



Reviews

LM
Lauren M.

This was really well done! Thanks!

WT
Whitney T.

Excellent course.

WP
William P.

Very well done and informative. Especially liked the two presenter format and interaction.

DC
Diane C.

Interesting discussion between the two presenters. Makes the presentation more enjoyable to watch and listen to. Thank you

RK
Robert K.

Very useful tools referenced in the program

ET
Emily T.

Excellent presentation, informative and not dry.

MG
Mitzi G.

Great!

PS
Philip S.

good job

NP
Nirav P.

As a physician prescriber as well as attorney, I would value a DEA enforcement/compliance talk catered on the individual prescriber level.

AF
Amy F.

very informative. wished they could have answered more questions.

EC
Ethan C.

A lot of information here -- a real bargain!

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