Spencer Fane attorney Brian Malkin presented at the New York State Bar Association (NYSBA) Food, Drug & Cosmetic Law Section 2026 Annual Meeting – an organization for which he is an Executive Committee member and former Chair – on January 13
As one of the oldest NYSBA sections and the first organization in the nation to comprise in-house, law firm, government and trade association attorneys practicing food and drug law, the Food, Drug and Cosmetic Law Section continues providing premier educational opportunities to its members, with the Annual Meeting serving as its programming focal point. At this year’s event, Brian moderated the panel, Future of Vaccine Development – Will Restrictions Lead to Off-Label Use? This presentation examined the conflict between ACIP, FDA, and state vaccine authorizations and recommendations and whether this will create an environment for offlabel use of vaccines. The panel featured additional speakers: Brian Abramson, Member of the Board of Directors of the National Vaccine Law Association, Adjunct Professor of Vaccine Law at the University of Houston Law Center and Florida International University College of Law and Author, Vaccine, Vaccination, and Immunization Law, published by Bloomberg Law; Sarah Karlin-Smith, Health Care Reporter, POLITICO; Neha Patel, Pharm.D., RPh., Senior Counsel, Regulatory and Medical Affairs, Moderna and Ben Wolf Esq., Alston & Bird, LLP. Brian was also a panelist for the session, RFK, Jr. – Past, Present, Future, which provided an overview of Robert F. Kennedy Jr.’s role as U.S. Secretary of Health and Human Services. This session also featured NYSBA Food, Drug and Cosmetic Law Section Executive Committee members: Larissa Bergin, Esq., Jones Day; Ronald Lanton, Esq., Lanton Law, and was moderated by Janet B. Linn, Counsel, Tarter Krinsky & Drogin LLP.
At Spencer Fane, Brian streamlines processes for clients navigating the complex intersection of patent law and food and drug law, leveraging unique public and private sector experience, in-depth creative and strategic analysis, and advanced negotiation tactics to meet and exceed stakeholder expectations. This life sciences skill set is evident across Brian’s focus areas, which include U.S. Food and Drug Administration (FDA) and patent litigation for FDA-regulated manufacturers and pharmacies, patent prosecution for life sciences companies, and robust regulatory counsel for products spanning human and animal drugs and biologics, medical devices, foods and dietary supplements, tobacco products, and cosmetics.
Learn more about the Spencer Fane Life Sciences team here.