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SEC Brings Settled Action Against Mylan N.V. for Alleged Failure to Disclose Government Investigation

By Robin M. Bergen, Matthew C. Solomon, Adam Fleisher, Rahul Mukhi & Alex Janghorbani on October 8, 2019
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Companies that face non-public government investigations frequently confront challenging questions regarding whether and when to disclose the existence of the investigation, how much to disclose, and any duty to update the disclosure as the investigation proceeds. The SEC recently filed a settled complaint alleging that Mylan committed accounting and disclosure violations for failing to timely disclose an otherwise confidential DOJ investigation into whether Mylan overcharged Medicaid for its largest revenue and profit generating product, the EpiPen. The investigation resulted in Mylan agreeing to pay $465 million to settle the investigation. The settlement papers are important reading for all public companies considering disclosure of government investigations.

Please click here to read the full alert memorandum.

Photo of Robin M. Bergen Robin M. Bergen

Robin M. Bergen’s practice focuses on government and internal investigations, and regulatory enforcement and examination of broker-dealers and investment advisers.

Read more about Robin M. BergenEmail
Photo of Matthew C. Solomon Matthew C. Solomon

Matthew C. Solomon has significant experience in complex and high-stakes civil and criminal matters, having served for 15 years with the U.S. Department of Justice and the U.S. Securities and Exchange Commission—including most recently as the SEC’s Chief Litigation Counsel.

Read more about Matthew C. SolomonEmail
Photo of Rahul Mukhi Rahul Mukhi

Rahul Mukhi’s practice focuses on criminal, securities, and other enforcement and regulatory matters as well as on complex commercial litigation.

Read more about Rahul MukhiEmail
Photo of Alex Janghorbani Alex Janghorbani

Alexander Janghorbani’s practice focuses on complex securities issues, litigation and enforcement, informed by nearly nine years of service with the U.S. Securities and Exchange Commission.

Read more about Alex JanghorbaniEmail
  • Posted in:
    Corporate & Commercial, Criminal
  • Blog:
    Cleary Enforcement Watch
  • Organization:
    Cleary Gottlieb Steen & Hamilton LLP
  • Article: View Original Source

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