Free Speech, Due Process and Trial by Jury
Multibillion-dollar investment firm NexPoint Advisors LP has sued three imprisoned top executives of an embattled North Texas residential real estate lender, claiming the lender’s now-former CEO and others in management positions have improperly used tens of millions of dollars in shareholder funds to pay their personal legal fees.
The 24-page Texas agreement is the latest in which Centene has agreed to pay millions of dollars to resolve claims that its subsidiaries overcharged state Medicaid programs for pharmacy benefit management services.
At the 8th annual Government Enforcement Institute in Dallas, the assistant U.S. attorney general in charge of the criminal division says new guidelines favor companies with vigorous compliance practices.
Two senators want to ratchet up the pressure on companies that allegedly run afoul of the law while doing business with the U.S. government. But their proposal may have unintended consequences.
In an Aug. 11 letter to the Department of Justice, Sens. Elizabeth Warren (D-Mass.) and Ben Ray Lujan (D-N.M.) signaled renewed congressional interest in the federal government’s right to suspend or debar government contractors — administrative actions taken by the government to disqualify a contractor from contracting with or receiving funding from the federal government.
The TSA Security Directive issued in the wake of the May 2021 ransomware attack against Colonial Pipeline imposed mandatory obligations to report incidents within 24 hours, update systems and appoint cyber security officials was criticized by industry as being too rigid and misunderstanding the unique cybersecurity needs of pipeline operators. With its July 21, 2022 revision, the TSA seems to acknowledge these criticisms by adopting a more flexible and less prescriptive approach.
This article highlights some of the recent cyber regulatory efforts by federal agencies, discusses the components of the revised TSA Security Directive and offers a perspective on whether the coming cyber regulations will adopt the TSA approach or something more draconian.
A veteran food safety litigation expert and Paul Kruse’s own defense attorney agreed the government overcharged the CEO in this case. Jurors who heard about a week of testimony deliberated for four days before U.S. District Judge Robert Pitman declared a mistrial.
Federal prosecutor Leigha Simonton, head of the Northern District of Texas’ Appellate Division, is widely praised by colleagues as smart, hard-working, and an exemplary leader. ‘She would be a great choice,’ says Erin Nealy Cox of Kirkland & Ellis, Simonton’s former boss.
The U.S. Supreme Court in West Virginia v. Environmental Protection Agency, recently struck down the EPA’s “Clean Power Plan Rule” that sought to reduce carbon dioxide emissions. The court concluded that the rule exceeded the EPA’s power, as it presented a “major question” of economic and national importance that required a clearer statement from Congress to confer such authority. But the “major questions” doctrine also has implications for other federal agencies—who together issue an estimated three thousand to five thousand final rules per year. This article looks at the SEC's attempts to mandate more climate-related disclosures with West Virginia in mind.
A handful of Fifth Circuit judges seem to have it out for the U.S. Securities and Exchange Commission and “the agency’s current activism.” Two judges issued a concurring opinion that clearly invites defendants being accused of financial fraud to challenge the SEC’s use of “no admit, no deny” settlement agreements. “If you want to settle, SEC’s policy says, ‘Hold your tongue, and don’t say anything truthful – ever' — or get bankrupted by having to continue litigating with the SEC,” Judge Edith Jones wrote. “A more effective prior restraint is hard to imagine.”
The Texas Lawbook has insight from several legal experts who say they understand Judge Jones’ concerns but say eliminating the “no admit, no deny” provisions in settlements would cause tremendous upheaval in the system and place defendants at an even bigger disadvantage in their negotiations with the federal agency.
In a decision favorable to pharmaceutical prescribers, the United States Supreme Court in Ruan v. United States held that the government must prove beyond a reasonable doubt that a defendant knowingly or intentionally violated the Controlled Substances Act. The decision firmly establishes a good faith defense, and good faith jury instruction when supported by sufficient evidence, for criminal defendants charged with CSA violations.
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