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1 Feb 2019, 1:19 pm by Robert Hill and Joseph W. Metro
”[3]  The potential effect of that position is to re-characterize as prohibited remuneration under the anti-kickback statute manufacturer drug rebates that are conditioned upon the payor’s formulary placement of the drug — by far, the most common type of rebate in the marketplace today. [read post]
1 Feb 2019, 10:51 am
(Pix © Larry Catá Backer; Tauluseinä Tavelväggen, Wall of Printings (1977); Nörrköping Art Museum Turku Findland))Every year for almost 25 years, the Corporate Practice Commentator (with great thanks to Robert Thompson (Georgetown)) announces the results of its annual poll to select the ten best corporate and securities articles. [read post]
31 Jan 2019, 9:01 pm by Jim Sedor
Lawmakers Push Crackdown on Foreign LobbyistsThe Hill – Alex Gangitano | Published: 1/29/2019 Foreign lobbying has been in the national spotlight since special counsel Robert Mueller obtained guilty pleas under the Foreign Agents Registration Act (FARA) from two of Donald Trump’s campaign officials, Paul Manafort and Richard Gates, over their lobbying work in Ukraine. [read post]
31 Jan 2019, 5:02 pm by Jon Ibanez
In the consolidated case, Judge Robert Brennan found that the Office of Alcohol Testing had failed to release evidence to DUI defense attorneys that breathalyzers used in their client’s cases were inaccurate. [read post]
31 Jan 2019, 8:14 am by Brianne Gorod
” In a different case, Chief Justice John Roberts, joined by Justice Samuel Alito, noted in a concurrence that “[t]he bar is now aware that there is some interest in reconsidering those cases. [read post]
31 Jan 2019, 5:30 am by Benjamin Wittes
Here’s Rodino’s Letter:   Ltr to Judge Sirica 03 08 1974 (PDF)Ltr to Judge Sirica 03 08 1974 (Text)   And here’s the hearing transcript:   In Re Matter of the Findings Transcript 03 06 1974 (PDF)In Re Matter of the Findings Transcript 03 06 1974 (Text) Let’s acknowledge up front the differences between Rodino’s circumstances and Nadler’s. [read post]
29 Jan 2019, 11:48 am by Jason Rantanen
It builds on the idea of deferring 101 subject matter until other issues are exhausted first proposed by Robert Merges and Dennis Crouch, but with some important modifications. [read post]
29 Jan 2019, 9:18 am by Green, Schafle & Gibbs
Indeed, one often only recognizes a ponzi scheme once it collapses… However, there are several signs that might indicate what you’re looking at is not the opportunity of a lifetime — but something you’ll live to regret:#1 The promise of “guaranteed returns”#2 Very low or no risk#3 Lack of account statements and official documentationAbove all, the operators of ponzi schemes the world over prey on our own desire for reward without risk. [read post]
29 Jan 2019, 7:23 am by Adrian Vermeule
It is not at all difficult to imagine that lower courts, wishing to go much further than the court’s majority, would extrapolate the supposed principles of the decision to attempt to undermine Chenery II as well (After all, Justice Robert Jackson’s sulphurous dissent in that case is a sort of ancestor of the most extreme criticisms of the administrative state in our day.). [read post]
29 Jan 2019, 7:06 am by Anthony Carbone, PC
As far as you’re concerned, it might be counterintuitive for you to give police the password to your cellphone. [read post]
28 Jan 2019, 4:43 am by Curtis Bradley, Jack Goldsmith
Justice Robert Jackson famously maintained that a presidential claim of exclusive power faces a “severe” test since it lies at the “lowest ebb” of presidential power and is “most vulnerable to attack and in the least favorable of possible constitutional postures. [read post]
28 Jan 2019, 4:24 am by SHG
If you’re going to chat up Guccifer 2.0 on behalf of Darth Cheeto’s campaign, a little encryption seems like the way to go. [read post]
27 Jan 2019, 4:19 pm by INFORRM
The Nieman Lab has a post setting  out “12 principles journalists should follow to make sure they’re protecting their sources” – setting out the so-called “Perugia Principles”. [read post]
27 Jan 2019, 7:00 am by Robert Litwak
Robert Litwak of the Wilson Center calls for a more transactional approach, working incrementally to decrease the danger these rogue regimes pose rather than trying, and probably failing, to fundamentally transform them. [read post]
24 Jan 2019, 3:28 am by SHG
And if they can serve in the military without issue, then who cares if they’re transgender or have green eyes? [read post]
22 Jan 2019, 12:03 pm by Matthew Kahn
  In Re Grand Jury Subpoena Cert Petition (PDF) In Re Grand Jury Subpoena Cert Petition (Text) [read post]
22 Jan 2019, 5:00 am by Ernie Svenson
Not because we’re not curious and perceptive. [read post]