I have often discussed the trial penalty here. Individuals are too often punished for going to trial. It appears that individuals in the Varsity Blues case have received a trial penalty for going to trial. The topic was covered by Law360 HERE. The Varsity Blues cases have been widely reported and involved wealthy parents paying to get children spots in…
Laurence Doud is charged with a conspiracy to violate the Controlled Substances Act – drug trafficking – in the Southern District of New York. Doud is not your typical narcotrafficker. He is the CEO of a pharmaceutical company. This is a novel prosecution seeking to pierce the corporate boardrooms and pressure pharmaceutical executives in the fight against the opioid crisis. …
John Kapoor, a former Insys Therapeutics executive, was convicted following a three-month trial. The executives in that case were charged with using a speaker program to funnel cash and other perks to doctors who wrote many Subsys prescriptions. Kapoor is seeking review of the First Circuit’s decision to uphold his conviction. Kapoor raises an important issue in his petition. Specifically,…
Over the summer, the Biden administration issued a sweeping executive order aimed at boosting competition across the U.S. economy, including encouraging the Department of Justice (“DOJ”) and the Federal Trade Commission (“FTC”) to strengthen the 2016 guidance related to “no-poach” and wage-fixing criminal prosecutions. As early as October 2016, before the Biden administration, the DOJ warned that it was investigating…
Happy New Year! I am back after taking a break to recuperate from a 9-week health care fraud trial in the Southern District of Florida. Some news and notes to start 2022: Following the COVID-19 Omicron variant surge over the holidays, Big Law is postponing the return to office indefinitely. Quinn Emanuel and Mintz Levin are just two of many…