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Telemedicine, Pharmaceuticals and the License to Practice
Consumers of pharmaceutical products are increasingly looking to the Internet for cheaper medications, or a more convenient way to get them. Some drug purchasers are also going into cyberspace in order to get drugs without prescriptions. This trend in online prescription filling makes up just one part of the rise in telemedicine today, which can encompass not only Internet pharmaceutical sales, but also more longstanding practices, such as two doctors consulting by telephone over a difficult diagnosis, or a patient e-mailing a doctor from a remote location.
When a patient receives substandard care from a health care provider practicing telemedicine from a different state, the question is presented: Which state has jurisdiction over the transactions? The answer to this will depend on the two (or more) states involved and the circumstances of the case, but in the civil context it will generally come down to the usual questions of 'minimum contacts,' the parties' expectations, etc.
The DOJ's Corporate Enforcement Policy: One Year Later
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 DOJ's New Parameters for Evaluating Corporate Compliance Programs
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.
Use of Deferred Prosecution Agreements In White Collar 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.
Bankruptcy Sales: Finding a Diamond In the Rough
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.
A Lawyer's System for Active Reading
Active reading comprises many daily tasks lawyers engage in, including highlighting, annotating, note taking, comparing and searching texts. It demands more than flipping or turning pages.