On March 3, 2021, WLF filed an amicus brief with a Delaware federal court urging it to dismiss a federal regulatory enforcement action. The DOJ’s complaint faults Walmart pharmacies for filling, and for failing to notify the Drug Enforcement Administration about, allegedly “suspicious” prescriptions. DOJ seeks to impose billions of dollars in liability on Walmart without proving that any employee whose conduct gave rise to the action had any knowledge of wrongdoing. In an amicus brief joined also by the U.S. Chamber of Commerce and the National Retail Federation, WLF urged the trial court to reject the DOJ’s “collective scienter” approach to liability. As WLF’s brief explains, DOJ’s approach to scienter is not only wrong, it will have far-reaching, unintended consequences. WLF’s brief was prepared by Megan Brown, Stephen J. Obermeier, Christopher Kelly, and Wesley E. Weeks, of Wiley Rein LLP.

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Brief