The most recent publications of the Center:
THE 2005 GENERAL COUNSEL CONFERENCE
The 2005 General Counsel Conference is scheduled for May 10 and 11 in Washington, D.C. The conference is titled Ensuring the competitiveness of American Business: Restoring the Proper Regulatory and Enforcement Balance. It is a program to provide insights and potential solutions to the unintended consequences of post-Enron "reforms". For more information, please click to the program and registration form.
MONOGRAPHS in the BRIEFLY . . . Perspectives on Legislation, Regulation, and Litigation series
Organizational Sentencing Guidelines: The New Paradigm for effective Compliance and Ethics Programs
The United States Sentencing Commission has recently submitted to Congress extensive amendments to the Federal Sentencing Guidelines applicable to organizations, expanding what is meant by an "effective compliance program" to prevent and detect violations of law. Demonstrated adherence to the Guidelines is one of two factors that can mitigate the potential fine range for an organization's violation of federal law (in some instances up to 95%).
While the Guidelines address criminal enforcement penalties, the author believes that the provide a meaningful blueprint for the kind of effective compliance program that is likely to result in mitigation of fines and penalties in Civil actions brought by the SEC and other regulators.
Authors: James E. Bowers, Esq. and Sabino (Rod) Rodriguez, III, Esq. et al of Day Berry & Howard
Published November 2004
ATTORNEY/CLIENT PRIVILEGE AFTER SARBANES-OXLEY
This article explores the potential adverse ramifications of the Sarbanes-Oxley Act and also S.E.C. Final Rule 205, which implements standards of professional conduct for attorneys, for the attorney-client privilege and the attorney work product doctrine. The article, after framing the issues, develops two fundamental concerns: First, how the obligation of attorneys to report material violations "up the ladder" within the organization and, possibly, to the S.E.C. as well erodes the protections for confidential information. Second, how in the aftermath of Sarbanes-Oxley the practice of outside auditors to require companies to disclose privileged and confidential information, or else to suffer a qualified opinion of the company's financial statements, likewise threatens the protection of confidential information. Author: Larry R. Langdon, Esq. and Robert T. Duffy, Esq., Mayer Brown Rowe & Maw Published February 2005
DRUG IMPORTATION AND DRUG PRICING: A CASE STUDY ON HOW THE LAW INFLUENCES INVESTMENT DECISIONS AND MAJOR POLICY OUTCOMES
Drug Importation is major issue in the 109th Congress. Proponents argue that it is the only meaningful way to lower drug costs to patients, and even state governments, being stretched by increasing health care costs; opponents argue that it will let into the U. S. unsafe, counterfeit drugs that have not been subjected to FDA's rigorous standards of approval which have historically protected patients, will disincentivize research and development of new therapies, and will not, in any event, lead to lower prices to the ultimate patient. The debate is just one part of the over-all consideration by government, industry and regulators of drug pricing. It exemplifies the way government regulations can influence investment decisions manufacturers make, important consumer protection goals and even the financial health of state and federal governments. The Briefly . . . explores the intersection of the laws and the major policy issue of drug pricing and the availability of innovative therapies. Author: Andrew S. Krulwich, Esq. Wiley, Rein & Fielding