Litigation Updates:
- In re Securities & Exchange Commission Proposed Whistleblower Rules
On December 17, 2010, WLF urged the Securities & Exchange Commission (SEC) to revise its proposed rules for implementing a new whistleblower law, before issuing them in final form. In formal comments filed with the SEC, WLF expressed a longstanding interest in the work of the SEC, especially as it pertains to protecting employees, consumers, pensioners, and investors from stock losses caused by abusive securities and class action litigation. - Friedman v. Sebelius
On December 13, 2010, the U.S. District Court for the District of Columbia declined to overturn draconian penalties imposed on three pharmaceutical executives after they pled guilty to misdemeanor charges under the “responsible corporate officer” (RCO) doctrine. The decision was a setback for WLF, which filed a brief urging that the penalties be set aside. WLF charged that by imposing the penalties and threatening to impose similar penalties in a wide array of cases, federal healthcare officials have completely misunderstood the nature of the RCO doctrine. - Commonwealth of Va. v. Sebelius
On December 13, 2010, the U.S. District Court for the Eastern District of Virginia granted summary judgment in favor of Virginia’s constitutional challenge to the individual mandate contained in the new federal health care law. The decision was a clear victory for WLF, which had filed a brief in the case in support of the Commonwealth of Virginia’s challenge to the recently enacted Patient Protections and Affordable Care Act (PPACA), a federal law containing an individual mandate that would require all uninsured Americans, under threat of civil penalty, to purchase health insurance for themselves and their dependents.
New Publications:
- “False Patent Marking” Qui Tam Lawsuits Are Constitutionally Suspect
By Adam H. Charnes, a partner, and Chad D. Hansen, an associate, in the Winston-Salem, North Carolina, office of Kilpatrick Stockton LLP. - Emerging Risks For U.S. High Tech: How Foreign “Public Interest” Regulation Threatens Property Rights And Innovation
By Lawrence A. Kogan, founder and Managing Attorney of The Kogan Law Group, P.C. in New York City and President/CEO of the Institute for Trade, Standards and Sustainable Development (ITSSD). - FDA’s 510(k) Working Group Report: How Will It Affect Medical Device Innovation?
By Neil F. O’Flaherty, a principal with the law firm of Olsson Frank Weeda Terman Bode Matz PC. - First Amendment Implications Of Arizona Immigration Law
By Calli Bailey, a 2010 Judge K.K. Legett Fellow at Washington Legal Foundation who is a third year law student at Texas Tech University.
From the Legal Pulse:
- Respect for Fundamental Freedoms Inspires U.S. Philanthropy at Its Best – By Glenn Lammi, WLF
- ObamaCare Challenges Gain Steam* – By Ilya Shapiro, Cato Institute
- The Supreme Court Left Most Copyright Litigants Wanting in 2010 – By Brad R. Newberg, Reed Smith LLP
- Court Ruling Will Embolden An Already Aggressive Federal Trade Commission – By Richard Samp, WLF
- Court Declares Individual Health Care Mandate Unconstitutional – By Cory Andrews, WLF