LS&HC Horizons 2022 - Flipbook - Page 56
Hogan Lovells | 2022 Life Sciences and Health Care Horizons
56
Asia-Pacific
Conducting life science investigations in India
Ambitious growth strategy or strategic divestment can foster
corruption. But traditional misconduct (bribery, corruption or fraud)
is not the only exposure for companies with an identity in India.
2. Tricky third-parties.
We highlight three factors to allow for the thorough investigation and
accelerated conclusion to crises our life sciences clients may face in
India throughout 2022 and beyond.
India’s vast geography can necessitate the reliance on third parties.
And the life sciences sector (pharma, medical devices, biomedical tech
and engineering) heavily involves third parties. Contractual clauses,
regular monitoring, benchmarking fees charged and incurred and
testing their justification are prescriptions for compliance.
1. Handle forcefully and early.
3. Compliance++ - beyond bribery and corruption.
Issues can rumble on, and become ‘a hydra’ if not handled forcefully,
early, and with wide-lens to other exposure. Complaints not
satisfactorily responded to can attract a captive audience in the Indian
Police, politically-affiliated unions, Central Bureau of Investigation,
Narcotics Control Bureau or Enforcement Directorate. The outcome:
a well-written, even if tenuous or unfounded complaint can result in
litigation or inspection. These issues are then difficult to withdraw
from, often taking months or years. We recommend early handling of
any whistleblower complaint.
Lillian Hardy
Partner, Washington, D.C.
Reflect on money laundering exposure, your supply chain and the
latest regulatory guidance. For example, not having a mandatory
internal committee in place to investigate complaints of sexual
harassment can result in a financial penalty, reputational harm and
unwanted attention. In contrast, by working together with us and
trusted local counsel, having an efficient compliance system can be a
legislative defense to misconduct.
Stephanie Yonekura
Partner, Los Angeles
Khushaal Ved
Senior Associate, Singapore
