Feb. 27, 2013
Stacey M. Sprenkel
See more on Stacey M. SprenkelMorrison & Foerster LLP | San Francisco | Securities litigation, white collar defense: anti-corruption, securities class actions
The defendants are the Central Intelligence Agency, the Department of Defense, the Department of the Army and the Department of Veterans Affairs. Vietnam Veterans of America et al., v. Central Intelligence Agency et al., 09-CV-0037 (N.D. Cal. 2009).
The research programs allegedly tested more than 400 different chemical and biological substances during five decades in locations throughout the United States and abroad, involving as many as 100,000 active duty military personnel.
Last year, Sprenkel successfully briefed and argued for class certification for the veterans.
"It was a huge job, with lots of exhibits and a nearly two-hour oral argument," she said.
The government had argued that class certification wasn't appropriate, due to the variables involved in the case.
"Ultimately, the judge agreed with our position - that the fundamental issues span across all members of the class," she said.
The plaintiffs aren't seeking monetary damages.
"We're asking the court to tell the Army and the Department of Defense that it needs to find and notify test participants, tell them that they were participants and what they were exposed to, and tell them about harmful effects," she said, as well as provide them with medical care if need be.
The court also is being asked to inform the Department of Veterans Affairs that it needs to review the participants' disability claims "in a manner that comports with due process," Sprenkel said.
Trial is set to begin July 29.
Sprenkel also represents public companies and their officers and directors in securities class actions and spends much of her time engaged in internal investigations involving the Foreign Corrupt Practices Act.
"We help companies conduct global risk assessments from an anti-corruption perspective," she said. "My sense is that most companies want to get it right. Issues often arise not because employees intentionally engaged in wrongdoing, but because of a risk that wasn't recognized."
While there will always be rogue employees, Sprenkel added, "I think that companies are getting much more advanced in having compliance programs and training their employees. By doing that, you are raising the bar and it lessens the likelihood that something will go wrong."
- PAT BRODERICK
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