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Regulation of Business

Criminalizing Reasonable Interpretations of Regulatory Schemes: Clay v. United States - Podcast

Criminal Law & Procedure Practice Group Podcast
Paul D. Kamenar, John F. Lauro, John G. Malcolm July 29, 2015

Is Clay v. United States, currently pending in the 11th Circuit, a case study of overcriminalization and abusive federal prosecution? The case raises basic notions of due process, fair notice, the rule of lenity, mens rea, and actus reus. What began as a highly publicized raid by some 200 FBI agents on a Florida health care company over an accounting dispute of how to interpret a provision in Florida’s Medicaid reimbursement statute with no clarifying administrative regulations, ended in the indictment, conviction, and prison sentences for the company’s top executives for fraud. This case is particularly important for all regulated industries, where there are numerous and ambiguous laws and complex regulations governing conduct subject to administrative, civil, and criminal enforcement. John Lauro, counsel in the case, discussed the lawsuit, with Paul Kamenar joining to offer questions and comments.

  • Paul D. Kamenar, Washington, D.C. Attorney and Senior Fellow, Administrative Conference of the United States
  • John F. Lauro, Principal, Lauro Law Firm
  • Moderator: John G. Malcolm, Director and Ed Gilbertson and Sherry Lindberg Gilbertson Senior Legal Fellow, Edwin Meese III Center for Legal and Judicial Studies, The Heritage Foundation

The Future of Arbitration Agreements after the CFPB Study - Podcast

Litigation Practice Group Teleforum
Deepak Gupta, Andrew J. Pincus July 17, 2015

The Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 instructs the Consumer Financial Protection Bureau to study “the use of agreements providing for arbitration of any future dispute . . . in connection with the offering or providing of consumer financial products or services,” and to provide a report to Congress on the same topic.  This past March, the CFPB issued its study, pursuant to the statutory requirement.  Is the “arbitration study” an anti-arbitration study?  Our experts discussed the report and its implications.

  • Mr. Deepak Gupta, Founding Principal, Gupta Wessler PLLC
  • Mr. Andrew J. Pincus, Partner, Mayer Brown LLP

The Balance of Power: The People v. The State - Podcast

Administrative Law & Regulation Practice Group Podcast
Charles Murray, Adam J. White July 16, 2015

In his new book, By the People: Rebuilding Liberty Without Permission, acclaimed social scientist and bestselling author Charles Murray argues that the balance of power between government and the people has become too one-sided, in favor of the government. He argues that citizens across the political spectrum are suffering under the imbalance, and willing and able to act. The question, though, is what is to be done? His answer might surprise you.

  • Dr. Charles Murray, W.H. Brady Scholar, American Enterprise Institute
  • Adam J. White, Counsel, Boyden Gray & Associates

EPA Power and Power Plants: Michigan v. EPA - Podcast

Environmental Law & Property Rights Practice Group Podcast
Andrew Grossman June 30, 2015

On June 29, the U.S. Supreme Court limited the power of the EPA. Under the Clean Air Act, the EPA can regulate, as a stationary source of emissions, power plants only if EPA concludes that "regulation is appropriate and necessary." The Court, in a split decision, held that the EPA acted unreasonably when it deemed cost of the regulations irrelevant when it decided to regulate power plants. But what does that mean for the EPA? Will the decision have an impact for other regulatory agencies?

  • Andrew Grossman, Associate, Baker & Hostetler, and Adjunct Scholar, The Cato Institute