research law posts
I am a practicing attorney specializing in research-related legal issues, such as clinical research contracts, human subjects, research ethics and misconduct, and intellectual property originating from research activity. This blog is primarily to post links to cases, regulations, laws and policies, and other items that may be of interest to lawyers and research administrators in universities, hospitals, government research organizations, and commercial labs.
Thursday, August 30, 2012
EUROPA - Press Releases - European Commission targets barriers to Single Market for research and innovation
USDOJ: US Attorney's Office - District of Connecticut
USDOJ: US Attorney's Office - District of Connecticut:
Federal prison for failure to pay child support!
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NIH scientists map first steps in flu antibody development, August 29, 2012 News Release - National Institutes of Health (NIH)
Protein linked to increased risk of heart failure and death in older adults, August 29, 2012 News Release - National Institutes of Health (NIH)
Monday, August 27, 2012
Compounds activate key cancer enzyme to interfere with tumor formation, August 27, 2012 News Release - National Institutes of Health (NIH)
Implanted Heart Cells Stifle Irregular Rhythms - NIH Research Matters - National Institutes of Health (NIH)
Antibodies Protect Against Range of Flu Viruses - NIH Research Matters - National Institutes of Health (NIH)
USDOJ: Pacific Health Corporation and Related Entities Agree to Pay $16.5 Million for Allegedly Engaging in an Illegal Kickback Scheme in Los Angeles
USDOJ: Eight Individuals and a Corporation Convicted at Trial in Florida in $50 Million Medicare Fraud
Saturday, August 25, 2012
Friday, August 24, 2012
Inventor kept rights under form contract | Virginia Lawyers Weekly
Inventor kept rights under form contract | Virginia Lawyers Weekly: "RealDealDocs. com and downloaded a boilerplate form as a template."
So is this a plug or a pan for RealDealDocs.Com?
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Federal Register, Friday, August 24, 2012
Federal Register, Friday, August 24, 2012: "Federal Acquisition Regulation; Basic Safeguarding of Contractor Information Systems"
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Thursday, August 23, 2012
Ethical Considerations in Studying Drug Safety — The Institute of Medicine Report — NEJM
Ethical Considerations in Studying Drug Safety — The Institute of Medicine Report — NEJM:
The report itself has already been noted and linked on the Research Law Posts site.
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LUMMI TRIBE OF THE LUMMI RESERVATION, et al v. US No. 08-848C
Court of Federal Claims
When a statutory provision and its
implementing regulations specify
procedures to be followed with
respect to the recapture of grant
funds, an agency is not free to
disregard those procedures and resort
instead to federal common law
remedies.
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Inspector General Finds Contractors, Government Both Responsible for Small Biz Contracting Violations at VA
Inspector General Finds Contractors, Government Both Responsible for Small Biz Contracting Violations at VA:
Wildest part is how hard it is to find this report on the actual Dept. of VA site.
Try the site search with the company names or the report number.
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Wednesday, August 22, 2012
8(a) PROGRAM NOT CONSTITUTIONAL AS APPLIED.
"the Section 8(a) program is constitutional on its face.
However, the Court further concludes that the SBA’s and DoD’s
application of the program to issue contracts in the military
simulation and training industry does not survive strict
scrutiny"
DYNALANTIC CORPORATION v. UNITED STATES DEPARTMENT OF DEFENSE, Civil Action No. 95-2301 (EGS)
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Tuesday, August 21, 2012
Revision of Department of Homeland Security Acquisition Regulation; Contractor Billing and Subcontractor Labor Hour Rates Under Time and Materials Contracts
Revision of Department of Homeland
Security Acquisition Regulation;
Contractor Billing and Subcontractor
Labor Hour Rates Under Time and
Materials Contracts
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Monday, August 20, 2012
Household Molds Linked to Childhood Asthma - NIH Research Matters - National Institutes of Health (NIH)
Friday, August 17, 2012
Myriad upheld
Opinions and Orders - cafc.uscourts.gov:
Association for Molecular Pathology v. Myriad Genetics, Inc.
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Thursday, August 16, 2012
Wednesday, August 15, 2012
RARE CASE DISCUSSING USE OF GRANT (COOP AGT) V. CONTRACT
The Department of Housing and Urban Development’s (HUD) use of a notice of funding availability (NOFA) that results in the issuance of a cooperative agreement to obtain services for the administration of Project-Based Section 8 Housing Assistance Payment (HAP) contracts was improper because the “principal purpose” of the NOFA was to obtain contract administration services for HUD’s direct benefit and use, which should be acquired under a procurement instrument that results in the award of a contract.
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Tuesday, August 14, 2012
Monday, August 13, 2012
Bacteria on Skin Boost Immune Cell Function - NIH Research Matters - National Institutes of Health (NIH)
USDOJ: Tennessee-Based Home Health Care Provider & Related Entities Agree to Pay More Than $9 M to Resolve False Claims Act Lawsuit
Saturday, August 11, 2012
If you win a big verdict, just how do you collect on it? | Virginia Lawyers Weekly
If you win a big verdict, just how do you collect on it? | Virginia Lawyers Weekly: "Ever wonder what happens after the headlines trumpeting the latest huge jury verdict are gone?
Do the plaintiffs actually collect the amount the jury awarded? How often and how much?
Rick Friedman, a Seattle attorney who lectures to trial lawyers on jury trials, estimates that 10 percent or less of personal injury verdicts are fully collected.
He reached that number by extrapolating from a 2009 Department of Justice study, which found that while plaintiffs win about half of personal injury trials, a “win” includes as little as $1 in compensation.
The study also revealed a surprisingly anemic median jury award in tort cases of $24,000.
“That means half of personal injury [jury] verdicts are under $24,000,” said Friedman.
Whether a verdict is reduced by the trial judge, overturned or reduced on appeal by a higher court, or settled for less than the jury awarded, collecting a verdict is a high hurdle for plaintiffs’ attorneys.
“It’s like gambling against the house in Las Vegas. The defendant has every advantage,” said Friedman."
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In the Superrich, Clues to Romney’s Tax Returns - Common Sense - NYTimes.com
In the Superrich, Clues to Romney’s Tax Returns - Common Sense - NYTimes.com:
The rich are very different from you and me, especially paying income taxes
The IRS released data from the 400 individual income tax returns reporting the highest adjusted gross income. This ultrarich group earned on average $202 million in 2009, the latest year available. Buried in the data is the disclosure that 6 of the 400 paid no federal income tax. The IRS has never before disclosed that last fact.
Based on experts’ analysis of data on the wealthiest taxpayers, Mitt Romney has almost certainly been paying income taxes, but perhaps at a very low rate.
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Friday, August 10, 2012
Brain hubs boil when hoarders face pitching their own stuff, August 9, 2012 News Release - National Institutes of Health (NIH)
Brain hubs boil when hoarders face pitching their own stuff, August 9, 2012 News Release - National Institutes of Health (NIH): "accelerating trend toward finding disturbed regulation of brain systems responsible for various dimensions of behavior that may cut across mental disorders as traditionally defined"
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Child Support Enforcement | Fraud | Office of Inspector General | U.S. Department of Health and Human Services
Child Support Enforcement | Fraud | Office of Inspector General | U.S. Department of Health and Human Services:
Hope your name is not Kenneth Jones
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Federal Register | Federal Acquisition Regulation; Small Business Set Asides for Research and Development Contracts
Thursday, August 9, 2012
ANNUAL REPORT ON INTELLECTUAL PROPERTY ENFORCEMENT
R EPORT TO THE PRESIDENT ON
CAPTURING DOMESTIC
COMPETITIVE ADVANTAGE IN
ADVANCED MANUFACTURING
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Times Higher Education - Cardiff dean's laboratory under investigation once again after fresh misconduct allegations
Wednesday, August 8, 2012
Civilian Board Of Contract Appeals
Civilian Board Of Contract Appeals:
File Format: PDF/Adobe Acrobat |
Appellant appeals the denial of its claim which arose form a unilateral
modification by the government reducing the price under the inspection clause of
this NASA Phase II SBIR contract. The ASBCA denies the claim.
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USCA-DC Opinions Released Last Month
USCA-DC Opinions Released Last Month: "11-5028Michael Friedman v. Kathleen Sebelius"
11-5028Michael Friedman v. Kathleen Sebelius
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Duane Morris LLP - D.C. Circuit Affirms HHS Power to Disqualify Corporate Officials Convicted of Misdemeanors Under the "Responsible Corporate Official" (RCO) Doctrine
Tuesday, August 7, 2012
Orphan Grant program
1. Clinical Studies of Safety and Effectiveness of Orphan Products Research Project Grant
FDA is announcing the availability of grant funds for the support of FDA's Office of Orphan Products Development (OPD) grant program. The goal of FDA's OPD grant program is to support the clinical development of products for use in rare diseases or conditions where no current therapy exists or where the proposed product will be superior to the existing therapy. FDA provides grants for clinical studies on safety and/or effectiveness that will either result in, or substantially contribute to, market approval of these products.
For more information, including deadlines, please visit: OPD Grant Program
Monday, August 6, 2012
Syntrix Biosystems, Inc.'s Costs Were Unallowable
Syntrix Biosystems, Inc.'s Costs Claimed Under the Recovery Act for National Institutes of Health Grant 3R44CA094612-05S2 Were Unallowable (A-09-11-01011) 07-26-2012:
questioned as unallowable the entire
amount because Syntrix’s timesheets did not reflect employees’ actual hours worked on
the project.
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