kaal:claim:2317580-027

Boards are consistently held not liable for their companies' illegal marketing efforts even though federal law prohibits off-label marketing, but a board that certifies compliance with a CIA is certifying that the company properly monitors its sales teams' promotional activities, so CIAs contractually expand the applicable legal standard.

Source quote, verbatim

However, boards that certify compliance with a CIA are certifying that the company is properly monitoring the promotional activities of its sales teams. Through such certifications, CIAs contractually expand the applicable legal standards for boards.

From

Wulf A. Kaal, Elizabeth R. Malay, The Role of Corporate Integrity Agreements in the Expansion of Fiduciary Duties (2013), IV.1 Contractual Addendum to Increase Duties, p. 15
https://ssrn.com/abstract=2317580 · source PDF

Cite as

Wulf A. Kaal, Elizabeth R. Malay, The Role of Corporate Integrity Agreements in the Expansion of Fiduciary Duties (2013). SSRN: https://ssrn.com/abstract=2317580

Holds when

off-label marketing cases
boards subject to CIA certification requirements

Classification

mechanismsupport: arguedfailure: pre-CIA immunity for boards in illegal marketing casesfamily: board-and-oversight-failureeconomicscorporate-governancelaw-and-legal-systemscompliance

Verify

The quote above is an exact substring of the source PDF, whose sha256 is 50973e1e820aef47a4e7ffdbdcb513d03f1845643fcf4fa5910e9528a0b7dac2. Extraction method: pdf-text-layer.
Attestation record: colloquium/attestations/2bd41179f2a2e577...json
Verify the binding yourself: curl -s https://wulfkaal.github.io/claims/2317580-027.md | sha256sum