Document Review - FTH Test

Inst ruct io ns
Duration - 60 Mins

St art t ime : 4:00 PM        End t ime: 5:00 PM

Question No. -  3, 4 & 5 are only guidelines, not to be answered. 

Your test start from Question No. - 6

Full Name : 

Subhodipt a Mit ra

Email Address :  *

rjmit ra98@gmail.com

                                                 

                                                                   MEMORANDUM

This Memorandum will guide your review of documents f or this project.

This material is confidential. Please do not copy the memorandum, take it outside of the suite in
which you are conducting your review, or discuss this project outside of the review suite.

                                                               CASE BACKGROUND

Starting in 2000, Khatri & Co. sold the drug Mock in the U.S. and is approved by FDA f or reducing
blood loss during on- pump coronary artery bypass graf t surgery (CABG).  Surgeons also used Mock
of f - label.  This means it was used during surgeries f or which the FDA had not approved its use.  A
number of common of f - label uses f or Mock were: of f - pump CABG surgery; heart- valve repair or
replacement.

In March 2018, Khatri & Co. took Mock of f the market f ollowing the preliminary results of a study
that questioned the safety of the drug. Although many cardiac surgeons still think the drug is safe
and ef fective, because of the preliminary safety concerns, Khatri &Co. no longer markets the drug.

This case was filed in the District US on April 2017.  The Petitioner Jack Jones, worked in Khatri &
Co.’s market research department. He has two basic types of claims:

(1) Khatri & Co. allegedly paid unlawf ul Bribes to healthcare providers to prescribe Mock.

(2) Khatri & Co. allegedly caused healthcare providers to use Mock of f - label when it was not
“reasonable and necessary” to do so.

                                                                       REVIEW

You will conduct the first- level, responsiveness review of the documents at issue in this Case.

       Responsiveness

o   Responsive – other calls are required to be taken

o   Non- responsive – other calls are not required

o   Tech Defect - other calls are not required

o   Foreign Language - other calls are not required

Ent er your answer

 4

       Privilege

o   Privilege – involve an attorney (or its representative) and seeking or providing legal advice

o   Not Privilege – no attorney or legal content is involved

      Confidential

o   Confidential – within the ambit of the company

o   Not Confidential – in public domain

     Redaction

o   Personal Inf ormation – home address, home phone, SSN, account details, etc,

o   Other Product – other than Mock

       Issue

o Kickback – Bribes to health care providers

o Of f - label – usage other than approved by FDA

      Key - The “Key” code should be used f or documents you believe may be particularly critical
to our understanding of the issues in this case

Review Coding

Please begin by coding the document f or its basic identifiers based on the f ollowing codes:

a)     Responsive:  Designate the document “Responsive” if it is related to Mock or any of the
claims or defenses in this Case.

b)    Non-responsive: Designate the document “Non- responsive” if it is not related to any of the
issues in this Case.

c)     Foreign Language: If a document is written in a f oreign language, code the document as
“Foreign Language” and move on. Even if you are able to read the document (e.g., because you are
fluent in the relevant language or because the document is f acially similar to another document in
English), do not attempt to review or code the document.

Ent er your answer

Privilege Coding

A critical f unction of this document review is to identif y any Responsive documents that may be
potentially privileged because they are subject to the attorney- client privilege and/or the work
product doctrine. All Responsive documents must be reviewed f or privilege.  Select this choice if a
document contains any At t orney-Client Communicat ion (The attorney- client privilege protects
f rom disclosure confidential communications between an attorney and a client made f or purposes
of seeking or rendering legal advice) or if a document contains any At t orney Work Product (The
work- product doctrine protects against the disclosure of documents and tangible things prepared in
anticipation of litigation or f or trial by a party, its attorney, or its other agent).

 
Where we cannot tell f rom the f ace of the document or surrounding context, we will typically err on
the side of marking a document privileged.

The f ollowing list contains attorneys

Ent er your answer

 6

Subject: Mock issues

                                                                        Document 1

From : Sam

To : Cam

Hey Cam,

Did you hear about issues in the market about Mock relating to $1000 given to doctors f or
promoting it? its getting viral now.

Also, I heard that there are issues f or Lock as well in the market f or the same issue.

Thanks

Sam *

Responsive

Non-responsive

Tech Defect

Foreign Language

Privilige

Not Privilige

Confident ial
Not Confident ial

Redact ion - Personal Informat ion

Redact ion - Ot her Product

Issues - Kickback

Issues - Off-label

Issues - Kickback & Off-label

Key - Yes

Key - No

Yes

No

Maybe
 7

                                                                      Document 2

From : David

To : Sam

Subject : legal help needed

Hey Sam,

I guess f or the issue related to of f pump usages of Mock, you will be needing my help f or legal
consultation.

Let me know if you need me to call you.

Regards

David *

Responsive

Non-responsive

Tech Defect

Foreign Language

Privilege

Not Privilege

Confident ial
Not Confident ial

Redact ion - Personal Informat ion

Redact ion - Ot her Product

Issue - Kickback

Issue - Off-label

Issue - Kickback & Off-label

Key - Yes

Key - No
 8

                                                                       Document 3

From : Cam

To : William

Subject : Mock  Matter

Hey William,

I need your help on the legal issue f or Bribery and Of f Label usage of Mock in the market.

Please call me on my personal cell - 9356876111

Thanks

Cam *

Responsive

Non-responsive

Tech Defect

Foreign Language

Privilege

Not Privilege

Confident ial

Not Confident ial

 Redact ion - Personal Informat ion

Redact ion - Ot her Product

Issue - Kickback

Issue - Off-label

Issue - Kickback & Off-label

Key - Yes

Key - No

                                                                    Document 4

From : Christopher

To : Sam

Subject : Lunch

Hey buddy, lets meet f or lunch at Beer Bar at noon today

Use my card to pay the bill – details are – Account number – 5673421

Best regards

Christopher *

Responsive
Non-responsive

Tech Defect

Foreign Language

Privilege

Not Privilege

Confident ial

Not Confident ial

Redact ion - Personal Informat ion

Redact ion - Ot her Product

Issue - Kickback

Issue - Off-label

Issue - Kickback & Off-label

Key - Yes

Key - No
 10

                                                                 Document 5

From : Jack

To : David

Subject : Lock

Hey dude,

I need some legal help on the product Lock – it is about to be launched in the market.

Do not want any issues legally – please let me know when you are f ree.

Thanks

Jack

Responsive

Non-responsive

Tech Defect - ot her calls are not required

Foreign Language

Privilege

Not Privilege

Confident ial
Not Confident ial

Redact ion - Personal Informat ion

Redact ion - Ot her Product

Issue - Kickback

Issue - Off-label

Issue - Kickback & Off-label

Key - Yes

Key - No
 11

                                                                Document 6

From : Jaye

To : Kaye

hey je suppose que nous devons parler de Mock et sa stratégie de marketing plus tôt que plus tard

we will meet tomorrow f or lunch to discuss this.

Thanks

Jaye

Responsive

Non-responsive

Tech Defect

Foreign Language

Privilege

Not Privilege

Confident ial
Not Confident ial

Redact ion - Personal Informat ion

Redact ion - Ot her Product

Issue - Kickback

Issue -Off-label

Issue - Kickback & Off-label

Key – Yes

Key - No
 12

                                                              Document 7

From : Jack Jones

To : Sam

Subject : I know it all

Hey Sam,

It is between you and me only, I have seen Khatri & Co. giving bribes to doctors f or promoting Mock
in the market.

Today I saw CEO giving $20,000 to a doctor f or selling the same in his hospital.

Regards

Jack *

Responsive

Non-responsive

Tech Defect

Foreign Language

Privilege

Not Privilege

Confident ial

Not Confident ial

 Redact ion - Personal Informat ion

Redact ion - Ot her Product

Issue - Kickback

Issue -Off-label

Issue - Kickback & Off-label

Key – Yes

Key - No

13

                                                             Document 8

                                                                 Article

Khatri & Co. launches a lot of pharmaceutical products in the market.

The list is as below:

Hock

Lock

Mock

All of these are now available in the market with special doctor consultation on the spot. kHatr &
Co. proclaims that using these will not only show improvement within days but will also not have
any side ef fects on the body

Published by – XYZ news agency *

Responsive
Non-responsive

Tech Defect

Foreign Language

Privilege

Not Privilege

Confident ial

Not Confident ial

Redact ion - Personal Informat ion

Redact ion - Ot her Product

Issue - Kickback

Issue -Off-label

o Issue - Kickback & Off-label

Key – Yes

Key - No
 14

                                                             Document 9

From : Joey

To : Hoey

Subject : Mock Marketing material

Hey Hoey,

It’s been a while since we have met, lets meet f or dinner toady, over that I will brief you about Mock.

In f act, I can take your help in building the marketing material f or the same. You have been very
active in this field, maybe I can use your expertise.

Thanks

Joey *

Responsive

Non-responsive

Tech Defect

Foreign Language

Privilege

Not Privilege

Confident ial

Not Confident ial

 Redact ion - Personal Informat ion

Redact ion - Ot her Product

Issue - Kickback

Issue -Off-label

Issue - Kickback & Off-label

Key – Yes

Key - No

15

                                                          Document 10

From : Sam

To : Jim

I have a lot to discuss about the new product in market that Khatri is launching

It is called – Hock – it is f or stomach infection it is said to become the world best within months. I
have been asked to work on it personally. *

Responsive

Non-responsive

Tech Defect

Foreign Language

Privilege
 Not Privilege

Confident ial

Not Confident ial

Redact ion - Personal Informat ion

Redact ion - Ot her Product

Issue - Kickback

Issue -Off-label

Issue - Kickback & Off-label

Key – Yes

Key - No

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