Does 'Cooperation' Obscure the Truth?
June 02, 2004
Nowadays more than ever, accusations of business crime must be put to the test, since the stakes in this post-Enron era are at an all-time high for an accused company's survival and its executives' personal liberty and reputation. The way we test allegations in Anglo-American law is through the adversary system. Yet, just when it's needed the most, the adversary system is increasingly sidelined. For the public company, adversarialism may no longer be an option at all.
How to Make the SEC Disgorge Exculpatory Evidence
June 02, 2004
In the post-Enron world, the SEC is ratcheting-up the stakes in many of its cases. With millions of dollars in increased funding and hundreds of additional staff, it is bringing more cases, seeking harsher penalties, and generally litigating more aggressively. If recent press releases are indicative, it is also increasingly coordinating its civil enforcement activities with criminal investigations by the Department of Justice. As one SEC district administrator stated in a recent newspaper interview: "People are looking for heads. And we're going after them."
Is Bribing Foreign Tax Collectors a Federal Crime?
June 02, 2004
Just when there appears to be a significant uptick in investigations for violations of the Foreign Corrupt Practices Act (FCPA), the Fifth Circuit has issued a decision that sows further confusion over the meaning of the FCPA's criminal prohibitions.
Medco Claims Settled by 20 States
June 01, 2004
On April 26, State Attorneys General from 20 states announced the settlement of claims under state deceptive trade practices laws against Medco Health Solutions, Inc. (Medco), for drug switching practices. The multi-state investigation began 2 years ago in Arizona, California, Connecticut, Delaware, Florida, Illinois, Iowa, Louisiana, Maine, Maryland, Massachusetts, Nevada, New York, North Carolina, Oregon, Pennsylvania, Texas, Vermont, Virginia and Washington.
NYC Alleges Pharmaceutical Companies Manipulated the System
June 01, 2004
The City of New York filed three lawsuits in May against drug manufacturers it claims overcharged it for pharmaceuticals. The suits, brought in three district courts, claim that GlaxoSmithKline (GSK) and Purdue Pharma L.P. kept prices artificially high on pain reliever OxyContin', antidepressant Paxil', and antibiotic Augmentin' by using false and misleading methods to extend their drugs' patents.
Case Briefing
June 01, 2004
Recent rulings of importance to you and your practice.
Drug Importation Task Force Completes Its Listening Sessions
June 01, 2004
Over the past few months, the Task Force on Drug Importation has held its so-called "listening sessions" with groups and individuals that would be impacted by drug importation, should it be legalized. At the meetings, U.S. Surgeon General Richard H. Carmona served as the chairman over a panel of representatives from the Department of Health and Human Services, as well as from other departments of the federal government with an interest in drug importation issues (see sidebar on page 5). The task force's members are being asked to offer recommendations to Health and Human Services' Secretary Tommy Thompson by December 2004 concerning how best to address key questions posed by Congress as part of the Medicare Prescription Drug Act, such as how drugs can safely be imported, what the impact of such imports would be on incentives to drug research and development, and how much the policing of imports would cost the government.
Grappling With Liability Issues For Entertainment Attorneys
June 01, 2004
Attorneys are faced with a variety of potential liability issues in handling matters for clients. Malpractice insurance can help, but such policies don't eliminate the raising of liability claims. These claims may include disqualification of counsel based on alleged adverse interests of clients, malpractice allegations based on transactional and litigation work and the threat of Rule 11 sanctions. <br>The entertainment business presents its own lawyer liability concerns.
