ComplianceOnline

Executive Exposure under Strict Liability Doctrine in FDA Enforcement

Instructor: David L Chesney
Product ID: 704951
Training Level: Advanced
  • Duration: 90 Min

recorded version

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Training CD

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Read Frequently Asked Questions

This webinar will discuss the FDA requirements for the involvement of the executive level in compliance governance. It will also discuss two major Supreme Court cases relied upon by the FDA to support their position on strict liability. Attendees will gain an understanding of the FDA policy and steps you can take to mitigate its impact.

Why Should You Attend:

The FDA has a long standing policy of holding senior corporate executives who “stand in a responsible relationship” to the acts of the corporation personally accountable for violations, even if the executive did not know about the violations and did not intend for them to happen. This onerous approach is known as “strict liability” or Responsible Corporate Officer doctrine. It is reflected in many ways, such as addressing FDA Warning Letters to the CEO; naming executives in their individual, personal capacity in consent decrees; even criminally prosecuting executives in certain cases when there is no direct evidence they knew of or condoned the conduct at issue. From this training, you will gain an understanding of the FDA policy and steps you can take to mitigate its impact.

Understand activities executives can undertake to protect their exposure and meet FDA expectations.

Learning Objectives:

  • Understand FDA expectations for the involvement of the executive level in compliance governance
  • Understand the two major Supreme Court cases relied upon by the FDA to support their position on strict liability
  • Understand the steps executives should take to mitigate risk

Areas Covered in the Webinar:

  • Strict liability doctrine meaning and origins
  • Pertinent Supreme Court cases: US v. Dotterweich and US v. Park
  • Current Department of Justice Policy as outlined in “The Yeats Memo”
  • Examples of FDA application of strict liability in enforcement actions
  • Steps executive managers can take to control their risk level

Who Will Benefit:

  • Senior executives, particularly C-suite
  • Regulatory Affairs professionals
  • Legal Counsel
  • Compliance Officers
  • Others involved in managing corporate GxP compliance in FDA regulated industry
Instructor Profile:
David L Chesney

David L Chesney
Principal and General Manager, DL Chesney Consulting LLC

David L. Chesney is the Principal and General Manager of DL Chesney Consulting, LLC. His career includes 23 years with the FDA and over 21 years in GMP and GCP consulting worldwide. In his consulting practice, Mr. Chesney helps clients prevent quality and compliance problems through proactive assessment and planning, and when necessary, with remediation planning and health regulatory authority communications.

Until recently, he served as Vice President, Strategic Compliance Services for PAREXEL Consulting, a business unit of PAREXEL International LLC. Prior to joining PAREXEL Consulting in 1995, Mr. Chesney served 23 years with the FDA, where he advanced from Investigator to Supervisory Investigator and Director, Investigations Branch, working in the Boston, Seattle and Philadelphia District Offices. In 1991, he was appointed the District Director, FDA San Francisco District Office, where he served until joining PAREXEL in 1995. For 19 years, he led the Strategic Compliance Consulting group, and also personally provided regulatory enforcement related consulting services to the pharmaceutical, medical device and biologics industries, plus technical assistance to legal counsel in FDA regulatory matters. Mr. Chesney has a bachelor's degree and postgraduate credits in biology from California State University, Northridge and San Diego, and received a Certificate in Health Care Compliance from Seton Hall University School of Law.

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Refund Policy

Registrants may cancel up to two working days prior to the course start date and will receive a letter of credit to be used towards a future course up to one year from date of issuance. ComplianceOnline would process/provide refund if the Live Webinar has been cancelled. The attendee could choose between the recorded version of the webinar or refund for any cancelled webinar. Refunds will not be given to participants who do not show up for the webinar. On-Demand Recordings can be requested in exchange.

Webinar may be cancelled due to lack of enrolment or unavoidable factors. Registrants will be notified 24hours in advance if a cancellation occurs. Substitutions can happen any time.

If you have any concern about the content of the webinar and not satisfied please contact us at below email or by call mentioning your feedback for resolution of the matter.

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