Karen P. Hewitt

Hewitt has been representing Celgene Corp. against whistleblower allegations of off-label marketing of two of its drugs.

Sidley Austin LLP's Los Angeles and Washington, D.C., offices are serving as co-counsel.

A federal suit claims that Celgene marketed Thalomid and Revlimid to cancer patients and their physicians for unapproved uses, and paid kickbacks to the doctors for prescribing them. United States of America, et al, v. Brown, et al, 10-cv-03165 GHK (SSx) (C.D. Cal., filed April 25, 2014).

Celgene denies the allegations, Hewitt said, and the U.S. Department of Justice has declined to intervene in the case.

"Drugs are prescribed by physicians and they exercise their own medical judgment in prescribing decisions," she added.

Case law on this issue has been "incredibly dense and complicated," Hewitt said, adding to her challenges.

While similar cases may have reaped the Justice Department and whistleblowers significant settlements in the past, she said, "Some companies continue to fight back when the law is on their side."

In another matter, Hewitt continues to lead in representing Wal-Mart in an ongoing investigation by the DOJ and the Securities and Exchange Commission concerning alleged violations of the U.S. Foreign Corrupt Practices Act.

The claims now extend to Mexico, Brazil, China and India.

Prior to joining Jones Day in 2010, Hewitt served as the U.S. attorney in San Diego.

Since then, in addition to her practice, Hewitt wears another hat as managing partner in the firm's San Diego office.

Among her tasks, Hewitt added, "I'm working on the hiring and growth plans for the San Diego office. These are high-energy times."

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