False and misleading prescription drug advertising is very common and dangerous. Pharmaceutical companies deceptively encourage doctors, and to a lesser extent, the public, with marketing that misrepresents risks, promotes unproven uses, and makes unsubstantiated claims.

And Eli Lilly was no stranger to the deliberate and deceptive marketing of "off label" prescriptions like Zyprexa, which is used a host of conditions such as: anxiety, sleep disruption, mood swings, attention deficit disorder, hyperactivity and dementia. According to the New York Times, company documents reveal that Eli Lilly was fully aware of Zyprexa's link with diabetes and weight gain. "Lilly benefited from its misrepresentations and fraudulent conduct by gaining sales of Zyprexa at the expense of other, safe, effective drugs."

Today, The Insider Exclusive presents how Utah's Attorney General, Mark Shurtleff, along with Joe Steele of Steele & Biggs, and Mitch Jensen of Siegfried & Jensen successfully reached a record $24 million settlement against Eli Lilly – and also established corporate integrity responsibilities and remedial provisions that continue to be monitored by the court today.

Mark Shurtleff was elected to his first term as Utah's Attorney General in 2000. A seasoned prosecutor, public servant and family man, Attorney General Shurtleff is now in his tenth year as Attorney General. Since stepping into the Attorney General's office Attorney General Shurtleff has shown his dedication to Utah's families through his strong vision and effective leadership. Prior to 2000, Utah was notorious for nearly leading the country in methamphetamine labs per capita. Attorney General Shurtleff took the meth problem to the legislature, fought for better laws, focused on tough enforcement and today, Utah is among the lowest states in the country for meth production. Attorney General Shurtleff received a bachelor's degree from Brigham Young University and his law degree from the University of Utah College of Law.

Joe Steele earned a bachelor's degree in anthropology from Northern Arizona University in 1972 before going on to receive his Juris Doctor degree from University of Utah in 1975. A member of the California and Utah State Bars, Joe's legal specialties include catastrophic injury, products liability, medical negligence, and attorney general actions / drug litigation.

Mitch Jensen graduated from Brigham Young University with a bachelor's degree in business in 1978. After completing law school at Pepperdine University in 1981, he became a member of the State Bars of California and Utah. Along with Ned Siegfried, Mitch co-founded what is now one of the top personal injury law firms in the Salt Lake City, Utah area, where he specializes in personal injury auto litigation, product liability, and pharmaceutical injuries. Associating with clients is the most rewarding aspect of Mitch's work, as he is inspired by people who overcome significant trials and challenges. He considers the greatest people he knows to be his clients and the attorneys and staff who help them fight to restore their lives and families. In his spare time, Mitch enjoys sports, outdoor activities, spending time with his family, and traveling.

Siegfried & Jensen provides top-notch legal services to residents of Salt Lake City and throughout Utah. The firm's personal injury lawyers have the experience, knowledge, and drive to achieve the just compensation that victims of negligence deserve for the hardships they must face. The firm's 16 skilled attorneys specialize in a variety of fields to offer knowledgeable legal advice and emotional support to injured victims.

Zack -- who will make his announcement during a speech to the association’s House of Delegates -- says it is important to include lawyers from all political persuasions and areas of the legal profession to examine the issue of access to justice.

“Our system of government was created with the basic belief that the doors to our courts would always be open to all citizens.  Equal justice under law is the birthright of Americans.  It is a promise enshrined in our Constitution and written over the entrance of our Supreme Court.  We need to make good on this promise,” says Zack.

Zack will outline his core presidential initiatives during his speech, as well as announce additional blue-ribbon participants for the ABA entities that will focus on the following topics: 

▪ access to justice and the underfunding of the judiciary;

▪ the need for increased civic education in our schools and society;

▪ Hispanic legal rights; and

▪ the ABA’s work in the area of disaster response and preparedness.

Zack’s official investiture as president begins at the close of the ABA Annual Meeting on Tuesday, Aug. 10.  He is a partner in the national law firm Boies, Schiller & Flexner LLP, and will be the first Hispanic president of the ABA in its more than 130-year history.

Additional information about Zack’s initiatives

The Task Force on the Preservation of the Justice System will be composed of talented and distinguished attorneys and judges from across the country.  Zack will call on them to highlight the fiscal crisis that has resulted in budget slashes to courts nationwide.  In particular, Zack will call attention to the devastating result of underfunded courts:  a decline in access to justice.

The Commission on Civic Education in the Nation’s Schools will draw on the combined talents of attorneys, judges, educators and organizational leaders.  Their role will be to promote civic education as a national educational priority, highlight and enhance existing civic education efforts and create opportunities for innovative civic education programs throughout the United States.

The Commission on Hispanic Legal Rights will identify important legal issues that represent barriers to full participation by, and daily contributions from, Hispanics living in the United States.  The work of the commission and its advisory committee will help focus and foster an environment that welcomes and recognizes the contributions of Hispanics in our society and ensures their human rights. 

The ABA Special Committee on Disaster Response and Preparedness will be charged with conducting “tabletop” exercises to assess the association’s readiness for a natural or manmade disaster, and will develop a comprehensive crisis plan.  In particular, Zack would like the committee to address how uncertainty can and might affect our way of life, our Constitutional guarantees and our system of justice, and to develop responsive measures that will help safeguard the future.

With nearly 400,000 members, the American Bar Association is the largest voluntary professional membership organization in the world.  As the national voice of the legal profession, the ABA works to improve the administration of justice, promotes programs that assist lawyers and judges in their work, accredits law schools, provides continuing legal education, and works to build public understanding around the world of the importance of the rule of law.

To identify the source of a class-action lawsuit involving thousands of alleged victims and defendants representing virtually the entire egg industry in America, look no further than a Main Street restaurant in Falconer.

According to local attorney Arthur Bailey, the case began with a cup of coffee at T.K. Ribbing's in the spring of 2008.

"I am the beginning of it," said Bailey, who listened to owner Steve Ribbing as he voiced his frustration over the price of eggs. He told Bailey that he could purchase large quantities at the local grocery store cheaper than he was currently getting them from his wholesaler.

Bailey, whose experience lies with fraud, malpractice claims and class actions, agreed the situation was "economically backward."

He said Ribbing's complaint was quickly referred to James Pizzirusso, a partner with the Hausfeld LLP firm, and a lawsuit was filed in a federal district court in September 2008.

With media attention beginning to focus on soaring prices, the Justice Department declared its intention to investigate the egg industry. Within a month of Ribbing's orignal lawsuit it appointed a team of lawyers from Hausfeld to begin a class-action suit.

Bailey, who is not currently among the lead counsel, said he enjoys a working relationship with Hausfeld that has lasted three decades. He said he provides a service for the firm by scouting potential cases. His son, Arthur Bailey Jr. serves as an associate attorney for the firm's San Francisco office.

In a survey released today by the American Bar Association, judges indicated that a lack of representation in civil matters is hurting those individuals’ cases, and is negatively impacting courtrooms.

Approximately 1,000 state trial judges responded to the survey, which posed questions about their dockets, self-representation and the impact on the courts.  More than half of the judges stated that their dockets increased in 2009, with the most common areas of increase involving foreclosures, domestic relations, consumer issues such as debt, and non-foreclosure housing issues such as rental disputes. 

Sixty percent of judges said that fewer parties are being represented by lawyers, with 62 percent saying that parties are negatively impacted by not being represented.  The impact is exemplified, through a failure to present necessary evidence (94 percent), procedural errors (89 percent), ineffective witness examination (85 percent), failure to properly object to evidence (81 percent) and ineffective argument (77 percent).

The ABA has a resource page on its website that can help individuals find legal assistance — www.findlegalhelp.org.  

During a time when state budgets are constrained, agencies as well as courts are being asked to become more efficient.  However, the increase in non-represented parties makes this more difficult for courts.  The lack of representation has a negative impact on the court, said 78 percent of the judges, and 90 percent of judges stated that court procedures are slowed when parties are not represented.

Nearly half of the judges responding believe that there is a middle-class gap with respect to access to justice, stating that the number of people who are not represented and who do not qualify for aid has increased.

Lamm announced the findings during a news conference earlier today at the National Press Club in Washington, D.C. 

The survey of judges on the impact of the economic downturn on representation in the courts was conducted for the ABA Coalition for Justice.  Respondents came from around the country.

Elena Kagan is speeding toward confirmation as the 112th Supreme Court justice, with Republicans showing little appetite for a long-shot filibuster attempt after sparring with her over abortion, gays in the military and other divisive issues.

"Solicitor General Kagan will be confirmed," Sen. Patrick Leahy, D-Vt., confidently predicted as the Senate Judiciary Committee wrapped up its examination of President Barack Obama's high court pick.

Barring an unexpected turn, Kagan will succeed retiring Justice John Paul Stevens and become the fourth female justice in the Supreme Court's history. It would be the first time that three of the court's nine justices were women.

Sen. Jon Kyl of Arizona, the Senate's No. 2 Republican, called a filibuster of Kagan "highly unlikely." And asked outright whether Kagan was going to win confirmation, another Judiciary Committee Republican, Sen. John Cornyn of Texas, replied, "I assume she will be."

Kagan, 50, spent her last day before the committee Wednesday trying to reassure conservatives that she would be able to separate her personal and political views from a job as a justice on the ideologically split Supreme Court.

Founded in 1982, Bryan A Lowe & Associates is a law firm based in Las Vegas, Nevada. The firm provides a wide range of services, primarily in the areas of estate planning, probate, bankruptcy, general business (corporate, partnership, and proprietorship), taxation, real estate, asset protection, and elder care.

The firm was founded on a philosophy of service that not only emphasizes quality representation in terms of experience and expertise - but places a high value on initiating appropriate actions to meet the client's legal needs and objectives. Particular stress is also placed on providing individualized service and achieving the desired results while working in a cost-effective manner.

At Bryan A Lowe & Associates, we handle a wide variety of legal cases, including the areas listed below. If you need an elder law, estate planning, corporate, tax, or probate lawyer, see the information below or contact an attorney.

    Elder Law
    Estate Planning

    Corporate and Tax Law

Susan Merrill, who is stepping down as the head of enforcement at the Financial Industry Regulatory Authority, Wall Street's self-regulatory body, is set to become a partner at the law firm Bingham McCutchen LLP.

Ms. Merrill, 53 years old, will lead Bingham's enforcement practice and advise clients on regulatory and securities enforcement matters. She will join the firm's New York office this week.

"Susan is a recognized leader in the securities field," Jay Zimmerman, Bingham's chairman, said in a statement. "Her arrival to Bingham exemplifies our investment and commitment to building the strongest securities team."

Ms. Merrill was hired by the New York Stock Exchange in 2004 to help revive its regulation division. She became head of enforcement at Finra in 2007 when the National Association of Securities Dealers merged with the regulatory arm of the NYSE, forming Finra. Previously, Ms. Merrill was a litigation partner at New York law firm Davis Polk & Wardwell LLP.

At Finra, Ms. Merrill helped to merge the enforcement departments of the NASD and NYSE, and brought a number of auction-rate-securities cases against Wall Street firms.