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Supremes Mull Maine Discount Prescription Program
The Supreme Court appears torn over what to do with Maine's discount prescription drug program, which has been challenged by the pharmaceutical industry and the Bush Administration as a violation of the federal Medicaid law.
At issue in Pharmaceutical Research and Manufacturers of America v. Concannon, 01-188, is a Maine program enacted in 2000 that encourages pharmaceutical companies to discount their drugs for all Maine consumers through a rebate program. Physicians serving Maine Medicaid recipients who need drugs made by companies that do not cooperate would have to go through a preauthorization process with the state.
The justices heard Carter Phillips of Sidley Austin Brown & Wood, representing the pharmacy group, attack Maine for turning Medicaid recipients into 'pawns' and 'hostages' for a program that is aimed at benefiting non-Medicaid recipients, including the 'Stephen Kings of the world.' He was referring to the best-selling author of horror books, who lives in Maine. Justice Antonin Scalia also described the program as a 'shakedown' of drug companies.
Major Differences In UK, U.S. Copyright Laws
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
The Article 8 Opt In
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
Removing Restrictive Covenants In New York
In Rockwell v. Despart, the New York Supreme Court, Third Department, recently revisited a recurring question: When may a landowner seek judicial removal of a covenant restricting use of her land?
Legal Possession: What Does It Mean?
Possession of real property is a matter of physical fact. Having the right or legal entitlement to possession is not "possession," possession is "the fact of having or holding property in one's power." That power means having physical dominion and control over the property.