Blog

  • Stetson Law Symposium – Elon Musk and the Law

    Elon Musk and the Law Stetson Law Review Symposium March 24th 8:30 a.m. -4:30 p.m. Virtual or In-Person at Stetson's Gulfport Campus Admission – $50 – Legal Practitioners & Others; $40 Stetson Alumni; Free- Stetson Law Students and Faculty For More Information and to register – here   (esp) 

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  • “Telemedicine Scams”

    Check out Katrice Bridges Copeland's Article titled Telemedicine Scams, 108 Iowa L. Rev. 69 (2022).  The abstract from SSRN (here), which links to the Article states: Telemedicine emerged as a lifeline during the COVID-10 pandemic. Although the technology existed long before the pandemic, its use was limited due to strict government regulations that limited reimbursement

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  • New Corporate Policy & De-confliction

    The new DOJ Corporate Prosecution Policy Revisions of January 17, 2023 discussed here, makes the point of noting that the policy "is not in any way predicated upon waiver of the attorney-client privilege or work product protection, and none of the requirements above require such waiver." This is a wonderful statement to be included in

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  • Revisions to Corporate Crime Policy – Will the New Carrot Incentivize Companies to Cooperate?

    On January 17, 2023, Assistant Attorney General Kenneth A. Polite, Jr. Delivered Remarks on Revisions to the Criminal Division’s Corporate Enforcement Policy, in which he stated, "The policy is sending an undeniable message: come forward, cooperate, and remediate." The new guidance provides: Accordingly, the Criminal Division is issuing this revised Policy, effective on a prospective basis

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  • Another Post-Ruan Acquittal: Dr. Lesly Pompy Found Not Guilty On All Counts in E.D. Michigan

    Congratulations to Dr. Lesly Pompy, acquitted on all counts (illegal distribution and health care fraud) on January 4, 2023, in the Eastern District of Michigan.  Kudos as well to his outstanding team of defense lawyers, Ronald Chapman II (Chapman Law Group), Joe Richotte (Butzel Long), and George Donnini (Butzel Long). Here is a recap from

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  • New White Collar Books

    Two new white collar crime books were recently published – Understanding White Collar Crime, Fifth Edition,  by J. Kelly Strader, Todd Haugh  (here) White Collar Crime in a Nutshell, Sixth Edition, by Ellen S. Podgor, Jerold H. Israel, Miriam H. Baer, and Gregory M. Gilchrist (here) (esp)  

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  • A Pre-Ruan Dispute That Appears To Have Fizzled

    Back in October, I noted that several legal questions remained open in the wake of the Supreme Court's historic consolidated decision in Ruan v. United States and Kahn v. United States. I wrote that one such question was whether the government must prove that a physician-Defendant had no legitimate medical purpose for his/her prescription and that

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  • U.S. v. Jessica Joyce Spayd: Another Faulty Post-Ruan Jury Instruction.

    What is particularly galling about the offense instructions given to the jury in United States v. Spayd, a case tried in the United States District Court for the District of Alaska in October 2022, is not merely that the judge equated the terms "legitimate medical purpose" and "usual course of medical practice" with "a standard

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  • Ruan and Kahn on Remand: Supplemental Briefs and Reply Briefs

    Last June, in the consolidated cases of Ruan v. United States and Kahn v. United States, the U.S. Supreme Court considered the mens rea required to convict a physician charged with illegal distribution of narcotics under the Controlled Substances Act. The Court held that: "After a defendant produces evidence that he or she was authorized to dispense controlled

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  • FTX Race to the Courthouse

    US Attorney Damian Williams, of the US Attorneys Office for the Southern District of NY announced (via a video on  Twitter) that they had filed charges against Caroline Ellison, former CEO of Alameda Reasearch,  and Gary Wang, co-founder of FTX, and that both had pled guilty and were cooperating with the government. Now that was

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