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A Failure of Remedies: The Case of Big Pharma (An Essay)

This Article examines the U.S. pharmaceutical industry and the harms imposed on individual patients and healthcare consumers—including private and government third party payers—from practices proscribed by Federal and State laws regulating marketing and pricing. 1

The Article pays particular attention to the False Claims Act (FCA), which has become the government’s primary civil weapon against fraudulent and/or wrongful conduct causing the expenditure of government dollars.
Read the entire Essay.

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The Art of Advocacy

Judges are now insisting that plaintiffs make their case with facts instead of merely putting their clients on notice of a claim. When the United States Supreme Court issued its decisions in Bell Atlantic Corp v Twombly, 550 U.S. 544 (2007) and Aschroft v Iqbal , 556 U.S. 662 (2009), there was sea change in […]

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Advocacy is a two way street

Young lawyers learning about advocacy need to understand how judges think if they are to master the skill, says Reuben Guttman. Young advocates or trial lawyers often labour under the conception that communication is a one size fits all effort.  Be smooth, don’t be nervous, be flamboyant, and engage in fanfare.  Really?  For my trial […]

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Tort Reform: A Lion in Sheep’s Clothing

Tort reformers cite a range of cases as frivolous litigation. But, says Reuben Guttman, many of these lawsuits raise fundamental issues. The United States Chamber of Commerce, a few academics and some media pundits have their lists of cases arguably supporting the proposition that people will sue over anything and hence the need for tort […]

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Arbitrary application of law in a global economy

by Reuben A. Guttman. Guttman practices law with Guttman, Buschner & Brooks PLLC  There are more than 3,000 drug trials being conducted in China. Indeed, data from these trials is almost certain to find its way into applications filed back in the United States with the Food and Drug Administration. Do large drug companies – which […]

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Do We Really Trust Corporations To Investigate Their Own Profitable Impropriety?

by Reuben A. Guttman. Guttman practices law with Guttman, Buschner & Brooks PLLC. Can a corporation really investigate its own behavior? Do internal compliance programs really work, or does their mere existence give well-compensated employees plausible rationale not to question conduct that would otherwise be questionable? Answering these questions must begin with the age-old concern about […]

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Another Reminder of Why Corporations Cannot Police Themselves

This article, written by Reuben Guttman and Traci Buschner who practice law with Guttman, Buschner & Brooks PLLC. Published in the McClatchy-Tribune News Service on August 13, 2014. What kind of people would knowingly expose someone to the risk of infection just to make a buck? Read carefully the allegations underlying the recent $97 million settlement between […]

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CHS Cites ‘Shifting’ Standards in Fraud Allegation Settlement

This interview with Reuben Guttman, who practices law with Guttman, Buschner & Brooks PLLC in Washington DC. and who represented three Plaintiff-Relators in United States ex rel. Doghramji v. Community Health Systems Inc., was conducted by John Commins, Senior Editor with HealthLeaders Media. The interview was published online on August 6, 2014. An attorney representing one […]

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Buried in Fine Print: $57B of FHA Loans Big Banks May Have to Eat

Below is an article by Kate Berry which was published on October 7, 2013 in the American Banker. The nation’s four largest banks are holding $57 billion of seriously delinquent loans that they’ve been slow to move into foreclosure over concerns that the Federal Housing Administration, the government mortgage insurer, will refuse to cover the […]

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Powerful Whistleblower Attorney: US Protection and Bounty System Helps Root Out Financial Scandal

This article was written by Lianna Brinded, Business Editor for the International Business Times on September 25, 2013. One of the world’s most prominent whistleblower attorneys tells IBTimes UK about the differences between US and UK whistleblower protection. The only way to prevent and root out large scale financial and company scandals is by installing […]

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