EFTA02669160

From: Kathy Ruemmler Sent: Tuesday, November 22, 2016 1:32 PM To: Jeffrey E. Subject: Fwd: Begin forwarded=message: From: =ate: November 22, 2016 at 8:30:34 AM EST To: =/blockquote> The National Law Journal Mylan Won't Testify at EpiP=n Hearing, Drawing Chuck Grassley's Ire<http://www.nationallawjourna=.com/id=1202772942932/Mylan-Wont-Testify-at-EpiPen-Hearing-Drawing-Chuck- =rassleys-lre?slreturn=20161022074622 <http://www.nationalla=journal.com/id=1202772942932/Mylan-Wont-Testify- at-EpiPen-Hearing-Drawing=Chuck-Grassleys-lre?slreturn=20161022074622» November 21,=2016 Obama administration officials and Mylan N.V. are decl=ning to send representatives to testify at a Senate Judiciary Committee hea=ing this month that would explore the government's $465 million set=lement with the pharmaceutical company over its alleged misclassification o= the life-saving device EpiPen for purposes of Medicaid rebates. =span>Sen. Chuck Grassley, R-Iowa, chairman of Senate Judiciary, has questio=ed the fairness<http://www.law.comMtes/almstaff/2016/10/11/mylans-465m-epipen-settlement-unlikely-to-end-scru=iny/ <http://www.law.com/sites/almstaff/2016/10/11/=ylans-465m-epipen-settlement-unlikely-to-end-scrutiny/» of the deal that Mylan said it had reached in October with therU.S. Justice Department and regulatory agencies. The settlement, which Myla= announced in a news release<http://newsroom.mylan.com/2016-10-07-Mylan-Agrees-to- Settlem=nt-on-Medicaid-Rebate-Classification-for-EpiPen-Auto-Injector chttp://newsroom.mylan.com/2016-1=-07- Mylan-Agrees-to-Settlement-on-Medicaid-Rebate-Classification-for-EpiPen=Auto-Injector», came=amid the public outcry over Mylan's decision to increase the price o= its epinephrine auto-injector EpiPen. The Justice Departme=t and Centers for Medicaid and Medicare Services haven't commented o= the settlement. Mylan didn't admit any wrongdoing. Grassley0=99s full statement: The Obama administration is dodging acc=untability for an expensive problem, and now a company is following its bad=example. Taxpayers have paid and based on reports, continue to pay, hundred= of millions of dollars more for the EpiPen than they have to pay. This hap=ened because either the agencies in charge dropped the ball, the company ga=ed the system, or both. Ironically, the company was eager to talk about thi= problem a few weeks ago in a press release to investors but not before the=United States Senate. It's a shame government agencies and the comp=ny EFTA_R1_01921650 EFTA02669160 are ducking accountability under a voluntary process. One way or another= I intend to get answers for patients and taxpayers. Mylan i= represented by Kathryn Ruemmler, a Latham & Watkins partner who is glo=al co-chairwoman of its white-collar defense practice and a former White Ho=se counsel<http://www.nationallawjournal.com/legaltimes/id=12026565765=8 <http://www.nationallawjournalcom/legaltimes/id==202656576548» in the Obama administration. Ruemmler said in a l=tter<http://www.g=assley.senate.gov/sites/default/files/constituents/Mylan%20letter%20declini=g%20to%20testify% 20111816.pdf <http://www.grassley.senate.gov/sites/default/files/const=tuents/Mylan%20letter%20declining%20to%20testify%2011 1816.pdf» to Grassley last week that the compan= would decline to testify at the hearing. "We under=tand that representatives of those government agencies have confirmed to th= committee that they are not able to send a witness to testify or provide f=rther information about this matter while it is pending," Ruemmler w=ote. "Given the stated focus of the proposed hearing, the fact that=it involves a pending matter, and that the government agencies in question w=ll not be able to send a witness to testify or provide further information,=Mylan respectfully declines to invitation to testify." This email may contain material t=at is confidential, privileged and/or attorney work product for the sole us= of the intended recipient. Any review, reliance or distribution by o=hers or forwarding without express permission is strictly prohibited. =lf you are not the intended recipient, please contact the sender and delete=all copies. Latham & Watkins LLP 2 EFTA_R1_01921651 EFTA02669161