As the end of a six-week trial approached, Steptoe & Johnson LLP partner Reid Weingarten and LibbyHoopes partner Frank Libby had a decision to make: whether to put their clients on the stand.
Weingarten’s client was William Facteau, the former CEO of Acclarent Inc., a subsidiary of Johnson & Johnson. Facteu and vice president of sales Patrick Fabian, who was represented by Libby, had been criminally charged with 18 felonies and 10 misdemeanors for off-label marketing of their product, a medical device called the “Relieva Stratus Microflow Spacer” intended to help open a patient’s sinuses.
