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A $1 Billion Email Gaffe

Jake writes in with the story behind an explosive NYTimes scoop last week. It seems that the Times's pharmaceutical industry reporter, Alex Berenson, scored a page-one blockbuster when he revealed that Eli Lilly was looking to reach a settlement with federal prosecutors over the company's alleged inappropriate marketing of anti-psychotic drug Zyprexa. A settlement figure of $1 billion was mentioned. This scoop dropped into Berenson's inbox when a lawyer for one of Lilly's retained firms mis-addressed an email to a colleague with the same last name as that of the Times reporter. Some online observers are speculating that auto-complete is to blame, but this has not been confirmed.
Update: 02/08 17:19 GMT by KD : Jake writes in with an update: it seems that while Berenson did receive a misdirected e-mail from Pepper Hamilton, that e-mail did not contain a detailed description of the status of the Eli Lilly settlement talks. Berenson got his story from other sources.

19 of 314 comments (clear)

  1. auto-complete is at fault? by ChrisMounce · · Score: 5, Insightful

    I notice the software is being blamed rather than the user.

    1. Re:auto-complete is at fault? by Gat0r30y · · Score: 5, Interesting

      probably had a confidentiality notice One would hope a lawyer working at a major law firm on a sensitive case would be required to have a confidentiality notice. I guess the question is, how do you know if you aren't the intended recipient? The guy must be in his address book? How does he know he's not just getting a hot tip from a disgruntled lawyer / whistleblower? Even if you are fairly certain you aren't the intended recipient, do those canned confidentiality sigs mean anything anyway? IANAL, anyone who knows a little better care to inform?
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    2. Re:auto-complete is at fault? by yali · · Score: 5, Funny

      If the info was confidential it probably had a confidentiality notice at the bottom of it, stating that if you are not the intended recipient that you aren't allowed to do anything with the email. I saw one of those sig's today and started to wonder if that was legally binding in any way. Maybe we will find out now!

      IANAL, but I'm pretty sure that putting a notice at the bottom of a message creates a legally binding contract.

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    3. Re:auto-complete is at fault? by mbstone · · Score: 5, Interesting
      As between lawyers, if the errant email had reached the opposing lawyer there are a number of attorney ethics rules, as well as court decisions, that basically say that the other lawyer must return any mis-transmitted documents and must not use the information. (Yeah surrre.) See Perlman, Untangling Ethics Theory From Attorney Conduct Rules: The Case of Inadvertent Disclosures , 13 Geo. Mason L. Rev. 767 (2005).

      These types of court decisions would not, however, support a "prior restraint" such as a court order prohibiting the NYT from publishing the information, see, e.g., New York Times Co. v. United States , 403 U.S. 713 (1971) (5-to-3 ruling prohibiting prior restraint and allowing NYT to print the top-secret "Pentagon Papers").

    4. Re:auto-complete is at fault? by xaxa · · Score: 5, Interesting

      My favourite: 3 days after I started University I got an email...

      Hi Peter (not my name),

      The amount for the chemistry building work is now confirmed as £85,000,000.00 exactly -- I've left a cheque on your desk, could you sign it please?

      Cheers, Dave


      Turns out that my relatively unusual surname is shared with the finance director at my university. For about a month I got a few of his emails, I assume because my first name is earlier in the alphabet.

    5. Re:auto-complete is at fault? by Viceroy+Potatohead · · Score: 5, Funny

      which means I have to thumb carefully past people I definitely *don't* want to call by accident (but still need to have in my book) Tell me about it...

      [Me autodialling]
      Callee: Hello?
      Me: Hey baby, it's Thursday. I've got the Tantric oil, buttplug, and Fischer-Price chainsaw ready. When are you heading over?
      Callee: Ummm... How's your week going?
      Me: Mom?

      Every Thursday, like clockwork...
    6. Re:auto-complete is at fault? by jollyreaper · · Score: 5, Funny

      Tell me about it...

      [Me autodialling]
      Callee: Hello?
      Me: Hey baby, it's Thursday. I've got the Tantric oil, buttplug, and Fischer-Price chainsaw ready. When are you heading over?
      Callee: Ummm... How's your week going?
      Me: Mom?

      Every Thursday, like clockwork... Let's just hope one of those times she doesn't say "Oh, what the hell, I'll try anything once."
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    7. Re:auto-complete is at fault? by swillden · · Score: 5, Funny

      AAAL

      "Ah ahm a lahyah"

      and a southern gentleman too.

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  2. ***Legal Notice*** and I mean it. by Anonymous Coward · · Score: 5, Funny

    If you are not the intended recipient of this response, please disregard and forget this posting.

    You are legally binded from reading, forwarding, printing, copying, remembering, discussing or in any other way acknowledging this post.

    I am planning on robbing the bank on Fifth and Elm. Do not alert the police. Meet me at the warehouse after.

    captcha:overlook

  3. I don't know what Eli Lilly's lawyers charge by agrippa_cash · · Score: 5, Insightful

    but I'm sure they can afford PGP/gnupg AND a highschool kid to show them how to use it.

  4. It's funny, you know ... by ScrewMaster · · Score: 5, Insightful

    but if I were running a major law firm that regularly handled confidential matters for multi-billion dollar clients ... I'd certainly encrypt the Hell out of every communication that left my offices. I mean, all they had to do was install some free (free!) encryption software like PGP, and there'd have been no problem.

    Huh. I'll bet they will now.

    --
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  5. Very Nasty Stuff by grumpygrodyguy · · Score: 5, Interesting

    Zyprexa

    I was on this terrible crap for a while...after 2 weeks I had gained 15 pounds (not exaggerating).

    I remember finding myself on the candy Isle at the supermarket shoveling 12-packs of twix, snickers, and all kinds of other candy into my shopping cart...and I usually don't eat sweets.

    These 'medications' are really horrible...it's sad that so many people believe schizophrenia is easily treated with them. Big pharma marketdroids are mostly to blame. In fact, after 6 months, 80% of the people on these medications quit (I suspect the other 20% are forced to take it by hospital staff)...they actually prefer being crazy (unable to work, take care of themselves, go to public places, etc.) rather than take them...the side-effects are that bad.

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    1. Re:Very Nasty Stuff by Anonymous Coward · · Score: 5, Interesting

      You're supposed to tell your Doctor if you experience urges of that kind while taking Zyprexa, it's one of the side effects some people experience. Now, the vast majority - myself included - are effectively treated with no side-effects and can therefore go on to lead productive and happy lives. And Zyprexa is a hell of a lot better than the previous treatment, haldol, which is a butcher of a medication. So much so that the instant Zyprexa, an effective replacement, became available haldol was dropped like the proverbial hot-potato. Also Zyprexa will not cause uncontrollable muscle movement after 20 years like haldol.

  6. Um, no. by Minwee · · Score: 5, Insightful

    Some online observers are speculating that auto-complete is to blame, but this has not been confirmed.

    As I tried to explain to one of the Three Letter Acronyms of our company this morning, "Auto-Complete" is not to blame. "Not Paying Attention" is to blame. If you can't be bothered to look at who you are sending stuff like this to, then please step back from the computer and have someone else handle complicated things like email for you.

    Surely if you are doing billion dollar deals then you can afford to hire someone capable of working a keyboard without embarrassing him or herself.

  7. Why was the address there? by grub · · Score: 5, Interesting


    Why was the reporter's email address already in the lawyer's address book? They should check his mail logs and see what else he send to that person before.

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  8. Re:The best part is, by MightyMartian · · Score: 5, Informative

    If these guys would use PGP or some other form of encryption, then even if you did send something critical like that to the wrong address, it wouldn't be so devastating. The technology to protect email has been around for nearly twenty years.

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  9. I take ten milligrams of Zyprexa every day by MichaelCrawford · · Score: 5, Informative
    I take it for my schizoaffective disorder. I didn't make the decision to take Zyprexa lightly - I was and still am concerned it could give me diabetes.

    But schizoaffective disorder is a devastating illness: it's just like being manic-depressive and schizophrenic at the same time. The risperdal I took previously for my psychotic symptoms wasn't working anymore. From 2003 through 2007, I was in the emergency room five times for psychiatric reasons, culminating in an ambulance ride to the mental ward, where I stayed for three weeks.

    The Zyprexa completely eliminates the paranoia and visual hallucinations I would otherwise have almost all the time. It also brought me down from the bipolar mania that led to my ambulance ride, and prevents me from getting manic anymore.

    As a result of taking it, I am able to hold a steady job - and a good one - as a software engineer, to provide for my wife and to pay her University tuition.

    I've heard rumours that Zyprexa might be withdrawn from the market. I really hope that doesn't happen, as I've never had a medicine work so well.

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  10. Re:The best part is, by rjstanford · · Score: 5, Insightful

    If these guys would use PGP or some other form of encryption, then even if you did send something critical like that to the wrong address, it wouldn't be so devastating. The technology to protect email has been around for nearly twenty years.

    That pretty much assumes that the encryption is done out of band. Personally, most usable variants of email encryption are handled by the client itself (at least as an initiant). At some point, when you select "Jim Smith" as the intended recipient, you have to expect that it will be delivered to "Jim Smith" in a format that he can open, regardless of any interim encryption. This might involve encoding it with his public key, but that wouldn't help the fact that you meant to send it to "Jan Smythe" now would it?

    Any more intrusive method just wouldn't be used in the real world, since the hugely vast majority of all emails are actually intended to be read by the person that the author listed in the "To:" field. Any kind of catch-all solution smacks of vistaNag.
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  11. Re:WARNING: GNAA by jbosmans · · Score: 5, Funny

    And the culprit is (most likely).... timecop. Smart enough to post AC, dumb enough to leave his user name in the url :p