Tag Archives: Stuart Gerson

ILN Today Post

Litigators of the Week: How O’Melveny, Willkie and Epstein Becker Litigators Teamed Up to Challenge Trump’s Wall

“Our challenge was not a partisan effort or about political views, but rather a defense of the Constitution and delicate balance between the executive and legislative branches upon which our government is founded.”

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Stuart Gerson on How a Preemptive National Breach Law Can Protect Data Privacy

Our colleague Stuart Gerson recently authored an article in the Washington Legal Foundation’s Legal Backgrounder that will be of particular interest to our readers focused on privacy and cybersecurity: “Federal Preemption: An Essential Component of an Effective National Data-Security and Privacy Regime.”

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ILN Today Post

SCOTUS Today: Circuit Split Over Salary History Gets a Temporary Pass – but Expect Future Challenges

The Court’s per curiam opinion in Yovino v. Rizo—holding that the Ninth Circuit erred in counting the votes of Judge Stephen Reinhart as to judgments that were issued after he had died—will get a lot of attention in light of its resolution of the issue of what constitutes a judge being in active service, an opinion concluding with the informative and pithy line: “But federal judges are appointed for life, not for eternity.” In the here and how, however, this decision has immediate consequences, particularly for those who practice in the area of labor and employment of law.

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AT&T/Time Warner Merger Approval Will Spur Vertical Mergers in Health Care

Tuesday’s decision by Judge Richard Leon of the U.S. District Court for the District of Columbia categorically approving the merger of AT&T and Time Warner, without imposing any conditions or limitations and rejecting granting a stay for appeal purposes, will, unless blocked if there is an appeal, open the way for a series of pending vertical merger deals.

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Stuart Gerson: The Supreme Court Has Decided, but Can America Afford the Affordable Care Act?

Stuart Gerson, a Member of the Firm in the Litigation and Health Care and Life Sciences practices at Epstein Becker Green, authored an article titled “The Supreme Court Has Decided, but Can America Afford the Affordable Care Act?

Following is an excerpt:

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ILN Today Post

Addressing Potential FCPA Risks in the Pharma and Life Sciences Industries

Navigant cordially invites you to join our Navigant Exchange roundtable discussion with guest speaker Stuart M. Gerson Esq., former Acting Attorney General of the United States, on the risks and challenges associated with Foreign Corrupt Practices Act (FCPA) in the Pharmaceutical and Life Sciences industries.

Today, the Pharma and Life Sciences industries face unique challenges in meeting FCPA compliance. In industries which are highly regulated and, in many cases, operated by government entities, companies are looking to Congress and regulatory agencies for additional guidance on the FCPA.  More…

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Corporate Breakout Session – Anti-Corruption Laws – the FCPA

Yesterday, I shared with you this post re-capping Alishan Naqvee’s introduction to the topic of anti-corruption at our 2011 Annual Meeting.  To follow up on that, we’ll review Stuart Gerson’s (Epstein Becker & Green) comments during the session regarding the Foreign Corrupt Practices Act (FCPA) and its implications for those in the room.

Stuart provided the attendees with both an article he and a colleague authored on the FCPA, and an overview that their healthcare group had developed.  Stuart said that as Alishan had mentioned, both the FCPA and the new UK Anti-Bribery law are extraterritorial – but not only are they applied overseas throughout the world, but they are also applied against non-US citizens, as long as the commerce that they’re supporting is in the stream of interstate commerce within the US.

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ILN Today Post

The FCPA and the Health Care Sector: Entering an Era of Heightened and Unprecedented Enforcement

The FCPA and the Health Care Sector: Entering an Era of Heightened and Unprecedented Enforcement By Stuart M. Gerson, Esq., and Dale C. Van Demark, Esq.

Epstein, Becker & Green

Throwing down the gauntlet to health care providers, and most significantly, their executives who increasingly are doing business overseas, Acting Deputy Attorney General Gary G. Grinder recently told the National Institute on Healthcare Fraud that: “In some foreign countries, nearly every aspect of the approval, manufacture, import, export, pricing, sale and marketing of a drug product may involve a ‘foreign official’ within the meaning of the Foreign Corrupt Practices Act. … [The Depart- ment of Justice] will not hesitate to charge [health care] companies and their senior executives under the FCPA if warranted to root out foreign bribery in the industry.”1

For the full article, read the PDF here.

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