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Government Subpoenas and Investigations
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You’ve (Still) Got (Money) Bail

California’s bail system is proceeding along two tracks for now. On one hand, around this time last year, the state passed a law to eliminate money bail. We broke down the new law in detail here, and we weighed its pros and cons here. The law was supposed to go into effect this October, but opponents have since Read More

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The Long Odds in Criminal Cases

They are not for the faint of heart. The fact is very few cases go to trial, and of those that do, most people go down swinging. But according to the latest data, we are seeing even fewer trials than ever. The analysis comes from a nonprofit, nonpartisan think tank, and the underlying data comes from Read More

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Failing to Point Out the Other Side’s Fail

Last week, the U.S. Supreme Court answered a notable question in the world of employment litigation. Does it matter that an employee failed to follow the “right-to-sue” process before suing for discrimination, if the employer never complains? The answer: No. What if the employer does complain but takes its sweet time doing so? The answer: Still Read More

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CFTC Publishes Enforcement Manual for First Time

On May 8, the Enforcement Division of the Commodity Futures Trading Commission published its Enforcement Manual for the first time. The Manual’s purpose is twofold: to explain the role of the Enforcement Division within the CFTC and to set general policies and procedures that guide it in detecting, investigating, and prosecuting violations of law. There’s too much Read More

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HHS Reduces HIPAA’s Maximum Fines

Last month, the U.S. Department of Health and Human Services said it would no longer apply the same maximum fines to all HIPAA violations regardless of fault or blameworthiness. Before, the agency used the same maximum annual penalty, $1.5 million, for all violations regardless of whether or not you knew you violated HIPAA; whether or not you Read More

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Two Billion-Dollar Healthcare Prosecutions in One Month

Last month, the U.S. Justice Department reported two healthcare prosecutions for billion-dollar frauds. In the first, federal prosecutors in Florida won what they’ve called the biggest healthcare-fraud conviction ever. The target was the owner of a chain of nursing homes who allegedly billed over a billion dollars in fraudulent claims to Medicare and Medicaid over eighteen years. Read More

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California’s Cannabis Regulations for Manufacturers

We turn next in our series to the businesses who make edibles, topicals, concentrates, and other such products out of the plant material. Your regulations come from the Department of Public Health, but they resemble those of the Department of Food and Agriculture (for growers) and the Bureau of Cannabis Control (for retailers, testing labs, Read More

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California’s Cannabis Regulations for Cultivators

We turn now to the businesses who plant, grow, harvest, dry, cure, and trim the pot. Your regulations come from the Department of Food and Agriculture, but they resemble those of the Bureau of Cannabis Control, so a lot of the same or similar rules apply. You must show and tell a lot about yourself to Read More

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L.A. Sues Unlicensed Pot Shop for $20,000 Per Day

We’ve spent the last month writing about state regulations from the Bureau of Cannabis Control. But on Thursday, the L.A. Times reminded us that cities and counties have a lot to say about pot, too. The city of Los Angeles, for example, has sued an unlicensed shop whose pot may have contained an illegal pesticide. The lawsuit Read More

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Disciplinary Guidelines of California’s Bureau of Cannabis Control

One last thing about the Bureau’s enforcement powers. If it files a formal accusation against you, it will look to the disciplinary guidelines that it has adopted to treat like cases alike. The Bureau may deviate from these guidelines in a given case, but it must consider them, and so will your lawyers, the state’s prosecutors, and Read More

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