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The Supreme Court appears torn over what to do with Maine's discount prescription drug program, which has been challenged by the pharmaceutical industry and the Bush Administration as a violation of the federal Medicaid law.
At issue in Pharmaceutical Research and Manufacturers of America v. Concannon, 01-188, is a Maine program enacted in 2000 that encourages pharmaceutical companies to discount their drugs for all Maine consumers through a rebate program. Physicians serving Maine Medicaid recipients who need drugs made by companies that do not cooperate would have to go through a preauthorization process with the state.
The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
The parameters set forth in the DOJ's memorandum have implications not only for the government's evaluation of compliance programs in the context of criminal charging decisions, but also for how defense counsel structure their conference-room advocacy seeking declinations or lesser sanctions in both criminal and civil investigations.
This article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.
There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
This article explores legal developments over the past year that may impact compliance officer personal liability.