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In re CMS Coverage Determination for BiDil
On August 7, 2008, WLF filed a petition with the Centers for Medicare and Medicaid Services (CMS), urging the agency to revise its reimbursement policies regarding BiDil, a drug approved by FDA for treating heart failure among African-Americans. WLF charged that CMS policy is aggravating a serious healthcare problem among blacks: the undertreatment of heart failure. Fewer than 2% of all black Medicare beneficiaries suffering from heart failure are being treated with BiDil. Given that blacks suffer from heart failure at rates more than twice that of whites, the undertreatment problem not only is a healthcare issue but also raises concerns regarding racial equality, WLF charged. WLF said that CMS is inappropriately denying insurance coverage for BiDil and instead promoting a less-expensive "generic substitute" -- even though FDA has determined that there is no generic substitute for BiDil. |
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CSX Corp v. The Children's Investment Fund
On July 18, 2008, WLF filed a brief in U.S. Court of Appeals for the Second Circuit, urging it to protect shareholders by authorizing award of meaningful relief against corporate raiders found to have committed serious violations of securities laws. The case involves an ongoing fight for control of CSX Corp. WLF filed its brief on behalf of itself, the National Association of Manufacturers, and the Business Roundtable. WLF argued that federal courts possess broad powers to redress violations of the securities laws. Those powers include granting equitable relief where appropriate to deter wrongdoing and to protect shareholders of publicly held companies, WLF argued. Two hedge funds seeking to take control of CSX were found by the district court to have violated the Williams Act in connection with their acquisition of 6.4% of CSX's outstanding shares. WLF argued that an appropriate remedy would be to forbid the hedge funds from voting those shares in an ongoing proxy fight. |
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In re: Federal Acquisition Regulations
On July 15, 2008, WLF filed formal comments with the General Services Administration (GSA) on the proposed rule by GSA, the Department of Defense, and NASA, opposing proposed rules that would trigger suspension or debarment proceedings for government contractors for failing to disclose alleged civil violations of the False Claims Act. WLF argued that the proposed rule should not be promulgated because it is inconsistent with recently enacted legislation, imposes vague and ambiguous reporting obligations, and would threaten the attorney-client privilege. |
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Special Report: Federal Erosion of Business Civil Liberties
WLF has released its Special Report: Federal Erosion of Business Civil Liberties, an up-to-date analysis of the key legal, judicial, and regulatory developments over the years of the growing trend at the federal level to criminalize normal business activities. With an Introduction by former Attorney General Dick Thornburgh, WLF's report critically examines seven legal topics, including the erosion of the attorney-client privilege and the dilution of mens rea requirements. The report discusses the increasing and unwarranted criminal prosecution of businesses and individuals by the Department of Justice and the Environmental Protection Agency for regulatory matters when administrative or civil remedies would be more appropriate. WLF also produced a useful companion Timeline fold-out chart that summarizes the key cases and events discussed in the 125-page report. |
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June 19, 2008
WLF MEDIA BRIEFING
Appellate Experts to Review 2007 Supreme Court Term
The Honorable Dick Thornburgh, Of Counsel, Kirkpatrick & Lockhart Preston Gates Ellis LLP
Thomas C. Goldstein, Partner, Akin Gump Strauss Hauer & Feld LLP
R. (Ted) Edward Cruz, Partner, Morgan, Lewis & Bockius LLP.
Dan Himmelfarb, Partner, Mayer Brown LLP
 Download a PDF of the Invitation
 View Webcast
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May 6, 2008
WLF MEDIA BRIEFING
Biosimilars: Seeking A Pathway Balancing Timely Consumer Access & Innovation
Sandra J. P. Dennis, Deputy General Counsel for Health Care, Biotechnology Industry Organization
William B. Schultz, Partner, Zuckerman Spaeder LLP, Former FDA Deputy Commissioner for Policy
Arnold I. Friede, Counsel, McDermott Will & Emery
Download a PDF of the Invitation
Download Speaker Biographies
View Webcast
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August 8, 2008
WLF WEB SEMINAR SERIES
Collaborations Among Competitors: The Google-Yahoo! Arrangement as a Case Study
Charles F. (Rick) Rule, Partner, Cadwalader, Wickersham & Taft LLP
Mark J. Botti, Partner, Akin Gump Strauss Hauer & Feld LLP
Download a PDF of the Invitation
Download Speaker Biographies
View Webcast
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July 29, 2008
WLF WEB SEMINAR SERIES
The SEC and Securities Class Action Suits: Defining the Relationship Between the Commission and the Plaintiffs’ Bar
Professor Moin A. Yahya, Assistant Professor of Law, University of Alberta, Author, The Law & Economics
Lyle Roberts, Partner, Dewey & LeBoeuf LLP
Download a PDF of the Invitation
Download Speaker Biographies
View Webcast
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In re: Financial Accounting Standards Board
On August 8, 2008, WLF filed formal comments with the Financial Accounting Standards Board (FASB) opposing FASB’s highly controversial proposal to require a company to disclose confidential information in its financial statements regarding contingent liabilities, namely, the company’s assessment of pending or threatened litigation against it. WLF argued that not only is such information difficult and costly to quantify, it may also mislead investors, result in an unfair advantage to plaintiffs and their attorneys, and infringe on the company’s attorney-client privilege.
WLF also argued that the Securties and Exchange Commission (SEC) must formally adopt any such changes to the accounting rules under the Administrative Procedures Act.
More Information:
8/8/2008: Download
the Comments
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Scientific Evidence In Court: Daubert Or Frye, 15 Years Later
By Martin C. Calhoun, a partner with the Washington, D.C. law firm Spriggs & Hollingsworth.
Legal Backgrounder, August 22, 2008, 4 pages
Download PDF of the Publication
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Suit to Hold Manufacturer Strictly Liable For Illegal Product Use Should Be Dismissed
By The Honorable Dick Thornburgh, Of Counsel in the Washington, D.C. office of the law firm K&L Gates LLP, and Chairman to Washington Legal Foundation’s Legal Policy Advisory Board; and Brendon P. Fowler, an associate with K&L Gates.
Legal Backgrounder, August 22, 2008, 4 pages
Download PDF of the Publication
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D.C. Circuit Rules On “Reckless Disregard” Under False Claims Act
Under False Claims Act
By John T. Boese, a partner in the Washington, D.C. office of the law firm Fried, Frank, Harris, Shriver & Jacobson LLP.
Legal Opinion Letter, August 22, 2008, 2 pages
Download PDF of the Publication
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Conversations With: Maintaining the Corporate Compliance Commitment
Features The Honorable Dick Thornburgh, Of Counsel to the law firm K&L Gates LLP, leading a discussion with The Honorable Jay B. Stephens, Senior Vice President, Secretary, and General Counsel of Raytheon Company, and Paul Clinton Harris, Sr., a partner with the law firm Shook Hardy & Bacon L.L.P.
Conversations With, Summer 2008, 18 pages
Download PDF of the Publication
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