Patton Boggs - Controversies

Controversies

Patton Boggs has lobbied on behalf of the dietary supplement company Metabolife International. According to Associated Press, "Patton Boggs earned millions helping project reassurances to Congress and its customers that Metabolife products were safe. Patton Boggs attorneys helped prepare carefully worded responses to regulators. Between 2001 and this year, Metabolife paid Patton Boggs $1.8 million to lobby Congress."

Patton Boggs' work for Metabolife has resulted in legal scrutiny: "One former and four current Patton Boggs attorneys were subpoenaed by a federal grand jury in San Diego, court documents say. Prosecutors allege company founder Michael Ellis lied about Metabolife's safety record in a 1998 letter to the U.S. Food and Drug Administration, which documents say Patton Boggs attorneys helped draft. ... In mid 2002, Patton Boggs lobbyist Lanny Davis wrote a senator whose subcommittee was investigating Metabolife that the company had received only 78 'unproven, anecdotal allegations' of strokes, heart attacks, seizures and deaths." Company documents released just one week later revealed that the number of health complaints actually numbered in the thousands.

In April 2002, Members of Congress objected to a video prepared by Patton Boggs promoting exploration for oil and gas in the Arctic National Wildlife Refuge, hosted on the U.S. Interior Department's web site. The Department's distribution of the video was in apparent violation of a law forbidding federal agencies to engage in PR activities "designed to support or defeat legislation pending before the Congress." The Department is becoming "a cinema house for lobbyists," says Massachusetts Congressman Edward Markey. "The Interior Department should not be spreading oil company propaganda any more than the Department of Energy should be promoting Enron stock," he said. "It's not their job."

According to the Haitian newspaper Le Nouvelliste Patton Boggs was hired in 2007 by the Vicini family, one of the most influential and wealthiest families in the Dominican Republic, to bring a defamation suit against the producers of the documentary The Price of Sugar which depicts the living conditions of Haitian immigrant workers on the family's sugar plantations as well as death threats against Christopher Hartley, a Catholic priest working on behalf of the Haitian immigrants. The defamation suit against Uncommon Productions and producer Bill Haney alleges 53 factual inaccuracies." According Read McCaffrey, a Patton Boggs partner, 'The misrepresentation are very egregious and as deceptive as I have seen in a very long time.'" However, according to the First Circuit Court of Appeals, the Vicini family "later winnowed the number of allegedly defamatory statements down to seven". The Appeals Court upheld a judgment from a lower court that the Vicini brothers were "public figures under the circumstances". The brothers thus must prove that the filmmakers made false depictions and knew about it. If they had been private figures, as the plaintiffs had unsuccessfully tried to prove, the filmmakers could have been liable for publishing information without verifying its truth. The appeals court sent the case back to the lower court to decide if the filmmakers have to hand over a report that they prepared to obtain insurance coverage for the film. After that, the lower court can determine whether information shown in the film was false and, if it was the case, if the filmmakers knew about it.

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