United States v. Schiff, No. 08-1903; Third Circuit; opinion by Ambro, U.S.C.J.; filed April 7, 2010. Before Judges Ambro, Roth and Alarcon, sitting by designation. On appeal from District of New Jersey. [Sat below: Judge Hochberg.] DDS No. 50-8-7469 [59 pp.]
Frederick Schiff and Richard Lane were high-ranking corporate executives at Bristol-Myers Squibb (Bristol). They were criminally indicted for allegedly orchestrating a securities fraud scheme related to Bristol’s wholesale pharmaceutical distribution channels in violation of, inter alia, 15 U.S.C. § 78j(b) and Securities and Exchange Commission (SEC) Rule 10b-5. The government filed this interlocutory appeal in response to the District Court’s opinion that addressed several contested theories of liability, as well as expert-witness issues under Daubert v. Merrell Dow Pharms. Inc .
