In early February, while the government was breathing down Eli Lilly’s neck over questionable marketing tactics used to peddle its schizophrenia drug Zyprexa, an Eli Lilly in-house attorney was working on a way to settle the matter.

The lawyer was writing an e-mail full of sensitive information pertaining to the settlement, which included a fine that would be the largest ever paid by a drug company for breaking federal laws regulating how drug makers can promote their medicines. She meant to address the message to Brad Berenson, a partner at Sidley Austin, and outside counsel on the case.