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Regulation and Compliance > Federal Regulation > SEC

EpiPen Maker Taps Ex-SEC Commish Gallagher as Top Lawyer

By Kristen Rasmussen

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Embattled drugmaker Mylan N.V. has brought on a regulatory guru to lead its legal department.

The EpiPen maker announced Tuesday the appointment of Daniel Gallagher as chief legal officer, effective April 17. Gallagher served as a commissioner of the U.S. Securities and Exchange Commission from late 2011 to late 2015. He previously held various staff roles at the agency, including as counsel to two commissioners.

Gallagher most recently headed up a Washington D.C.-based consulting firm, Patomak Global Partners, helping companies with compliance and regulatory issues, according to the Mylan news release.

“I have had the opportunity to get to know the company well over the last couple of years and [I] believe Mylan is uniquely positioned in the industry as a result of its clear and compelling vision and strategy, unmatched global assets, strong culture and unwavering commitment to doing what is right,” he said in a statement.

While at the SEC, Gallagher “focused on initiatives aimed at strengthening the capital markets and encouraging small business capital formation, including staunchly supporting the changes introduced by the JOBS [Jumpstart Our Business Startups] Act,” according to his profile on the Patomak website. 

Gallagher also worked in the private sector as a securities attorney at Wilmer Cutler Pickering Hale and Dorr. He also was senior vice president and general counsel of Fiserv Securities Inc., where he managed the firm’s legal and regulatory matters. He holds degrees from Georgetown University and the Catholic University of America Columbus School of Law, where he was a member of the Law Review.

Mylan, a global pharmaceutical company based in England and headquartered in the United States in Pittsburgh prompted public outcry and intense government scrutiny last summer when hikes in the price of its life-saving allergy auto-injector EpiPen were reported. The price of the drug delivery device increased nearly 550 percent since 2007.

Last October, the company announced it would pay $465 million to the U.S. Justice Department and other agencies to settle allegations that it misclassified the EpiPen device for purposes of Medicaid rebates.

Most recently, Mylan has faced anti-competition allegations. Last September, the New York Attorney General said its office had begun to investigate whether the company had entered into anti-competitive bidding practices over its sales of the devices to New York school districts. In addition, the Federal Trade Commission has been looking into whether the company violated antitrust laws to shield the EpiPen from competition.

— Check out What’s Worse Than the SEC’s Revolving Door? on ThinkAdvisor.

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