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Pepper Hamilton's e-mail gone awry

Before you send your next e-mail, double-check that "To..." field.

There's a lawyer at Philadelphia's Pepper Hamilton firm who wishes she did.

Portfolio.com says that instead of sending client correspondence to another attorney at Chicago-based Sidley Austin, the Pepper Hamilton lawyer e-mailed it to New York Times reporter Alex Berenson.

As Portfolio.com reported on its Web site, that was particularly touchy because Pepper Hamilton's client was Eli Lilly & Co. and Berenson writes about Big Pharma. Portfolio.com cited an unnamed pharmaceutical consultant who said the e-mail was intended for Bradford Berenson at Sidley Austin.

The Conde Nast property said the Times' Berenson received confidential information about settlement negotiations between Lilly and the U.S. Attorney's Office in Philadelphia involving improper marketing of the schizophrenia drug, Zyprexa. Berenson did write a story that appeared Jan. 31 that said prosecutors and Lilly were discussing a $1 billion settlement of a civil and criminal investigation.

Wow, what luck. The story sailed all over the Web. But one blogger was prompted to ask more questions.

The Drug and Device Law blog called Alex Berenson who said he did get an e-mail inadvertently from Pepper Hamilton, but it didn't have details about settlement talks. He got those from sources other than Pepper. (Berenson confirmed the blog's account.)

As for Pepper Hamilton, executive partner Robert E. Heideck said he would not comment because "this involves a firm client."

- Mike Armstrong

Comments (1)

Laurie:

As a PR professional, I tell clients never to keep the emails of media contacts on a general email box if what you are working on generally is or can be a sensitive matter. Set up another email box where you keep all of that or have one that's only for clients. It is too easy to send an email by mistake to, not only the media, but to someone else who shouldn't see it.

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