So just how does the New York Times get some of its first page stories about Lilly? Well, when they aren't accused of virtually stealing them, causing a judge to call NY Times reporter Alex Berenson's behavior "reprehensible," they get them by -- mistake.
According to Portfolio.com one of Eli Lilly's lawyers at Pepper Hamilton in Philadelphia wanted to email Sidley Austin's Bradford Berenson, about the Zyprexa negotiations that would cost the company a record $1 billion. But the lawyer instead emailed the wrong Berenson--Alex Berenson.
Alex Berenson, of course, knows a good story when he sees one, especially one that had caused him to be reprimanded by a judge.
When reached for comment, Alex Berenson told Portfolio.com, "I can't say anything. I just can't."
Perhaps his response isn't surprising.
After all, any e-mail from any respectable law firm usually contains a disclaimer, saying something like, "This transmission is intended by the sender and proper recipient(s) to be confidential, intended only for the proper recipient(s) and may contain information that is privileged, attorney work product or exempt from disclosure under applicable law. If you are not the intended recipient(s), you are notified that the dissemination, distribution or copying of this message is strictly prohibited."
BrandweekNRX presumes the New York Times has some fine lawyers ready to defend Berenson's actions. After all, violating attorney-client privileged material not just once, but twice, would seem to have the possibility of causing a few repercussions. Stay tuned.
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