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Archive for the ‘Criminalization of Free Enterprise’ Category

Yesterday, Washington Legal Foundation held its annual “High Court Halftime” briefing program to look back on some decisions from the Supreme Court’s October 2011 term and to preview upcoming arguments. The video of this program is available here for on-demand viewing. Hosted by WLF advisory board chairman, The Honorable Dick Thornburgh, and headlined by veteran [...]

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Oooo, the Claw Cross-posted by Forbes.com at WLF’s contributor page In a July 2011 Legal Pulse post, SEC to Join HHS in Effort to Drop the Claw of Strict Liability on Business Managers, we decried the federal punishment of business executives based solely on their status, rather than on whether they actually violated the law. Such [...]

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EPA elbows its way into New York rule-writing for natural gas fracking (Washington Post) “Big, Bold & Bizarre”: New scholarship from the “FCPA Professor” on corruption law (White Collar Crime Professor) Convoluted, contradictory, and confusing Third Circuit class action ruling headed to Supreme Court? (Class Action Countermeasures) Post channels Carnack, predicts leading mass tort developments [...]

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HHS official urges Medicare agency to regulate practice of medicine by punishing providers for off-label prescribing (Washington Post) Challenges to adequacy of counsel in class action cases sometimes pay off (Class Action Countermeasures) Long-term, broader implications of judge’s rejection of settlement between SEC and Citigroup (D&O Diary) Judge hammers federal prosecutors for errors in Foreign [...]

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Forthcoming DOJ guidance on Foreign Corrupt Practices Act: too little, too late? (FCPA Professor) Bipartisan group of Members of Congress urge FDA to improve medical device review process (Mass Device) Justice Department’s Civil Division bangs the comply or be prosecuted war drums on health care (Food & Drug Law Blog) Both parties in cell phone [...]

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In case you missed it, a video of WLF’s October 26 Web Seminar program, Liability & Exclusion Without Intent: Managing to Survive Under the Responsible Corporate Officer Doctrine, is now available for your on-demand viewing. The speakers, Mark Calloway and Brian Stimson of Alston & Bird, prepared a PowerPoint presentation to go along with their [...]

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Federal courts already incorrectly applying Supreme Court’s 2011 personal jurisdiction ruling (Consumer Class Actions & Mass Torts) Great walkthrough of recently introduced Stop Online Piracy Act (Copyhype) FDA stretches concept of interstate commerce to regulate intrastate commerce (FDA Law Blog) Academic study pegs cost of patent troll litigation at $500 billion (Point of Law) Foreign [...]

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Sunday Reflection: Judge orders EPA to pay up for malicious prosecution   Last Friday, after five years of litigation, a federal judge in Louisiana ordered the U.S. government to pay $1.7 million in damages for maliciously prosecuting Hubert Vidrine, a used-oil processing plant manager. The facts of the case, in which the Washington Legal Foundation [...]

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In a case worthy of daytime television, the U.S. District Court for the Western District of Louisiana ordered on Friday, September 30, that the United States pay $1.7 million to Hubert P. Vidrine, a client of the Washington Legal Foundation (WLF).  WLF worked closely with Mr. Vidrine’s local trial counsel, Gary Cornwell, to bring a [...]

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