"Pfizer Moves To Block Memo On Controversial Drug Sale"

End of May I wrote a post, Pfizer Celebrity Lawyer Runs To Court to Shut Me Up, in which I described how Pfizer's lawyers had tried to deny me access to "highly confidential" documents in my own litigation."

Fortunately that is not what happened. In the end, it was agreed that I will have access to super secret documents, only I can't remove them from my attorney's office.

So what did Mr. Green offer as proof that I couldn't be trusted? He claimed that I had disclosed a confidential memo from Morgan Lewis & Bockius in a BusinessWeek and a BrandWeek article about my qui tam case.

Turns out Mr. Green made a "mistake" or perhaps worse, whichever you want to believe. There was no reference to the memo in the BrandWeek article. But there was a comment in BusinessWeek.

Apparently this is something which BrandWeek has also noted, because today I was surprised by an article in BrandWeek, in which they confirmed that they had not written about the memo, which makes Mr. Green very wrong. But I guess, since the memo was out there anyway, and Mr. Green had already accused them of writing about the memo in a letter to a judge, they figured it was time to actually write about it. Just so that Mr. Green wouldn't be wrong.

So BrandWeek today wrote the article Pfizer Moves To Block Memo On Controversial Drug Sale.

And since I never wanted the memo out there, I'm not going to comment on the article, except to repeat the following excerpt from an e-mail I sent to BrandWeek on March 4, a day after I found out that BusinessWeek had not adhered to my request to destroy and not use the Morgan Lewis memo, which they had received by mistake: "Also, BusinessWeek is not playing nice, the way you've done this. I had been careful to exclude any material Pfizer could claim was privileged, but oine memo eluded me. There must've been a second copy of the Morgan Lewis memo which I didn't realize when I pulled the first one. When I learned about this I wrote to BusinessWeek and told them they couldn't use that particular document. Yesterday evening they told me they had talked to their lawyers and they WOULD use it and it would be a central piece of the story."

So I did what I could to stop the memo from getting out, and I managed to persuade BrandWeek not to use it. But, for whatever reason, that didn't last.

At least Ron Green must be happy, since this finally made him right . . . now both BusinessWeek and BrandWeek have written about the memo.