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.
Friday, September 28, 2012
Thursday, September 27, 2012
Wednesday, September 26, 2012
Tuesday, September 25, 2012
Sweet times for cows as gummy worms replace costly corn feed | Reuters
Sweet times for cows as gummy worms replace costly corn feed | Reuters:
This is steak that I want to try.
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Monday, September 24, 2012
Study reveals genomic similarities between breast cancer and ovarian cancers, September 23, 2012 News Release - National Institutes of Health (NIH)
Saturday, September 22, 2012
Friday, September 21, 2012
Dark matter DNA active in brain during day — night cycle, September 21, 2012 News Release - National Institutes of Health (NIH)
Thursday, September 20, 2012
Blood Spots Are Epigenetic Time Capsules | The Scientist
Blood Spots Are Epigenetic Time Capsules | The Scientist: "Blood samples spotted onto Guthrie cards at birth could prove a valuable source of genomic DNA for epigenetic studies. They could potentially allow scientists to peer into the history of a patient’s epigenome and reveal which epigenetic patterns helped cause disease, and which resulted from disease, researchers at the University of London report in tomorrow’s (August 23) online issue of Genome Research."
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Do That Again | The Scientist
Do That Again | The Scientist: " the Reproducibility Initiative provides a platform for researchers to volunteer their studies for replication by independent third parties. Studies validated through the initiative will earn a certificate of reproducibility, similar to a Consumer Reports recommendation for a particular car model."
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Wednesday, September 19, 2012
NIH announces new program in metabolomics, September 19, 2012 News Release - National Institutes of Health (NIH)
Tuesday, September 18, 2012
Monday, September 17, 2012
Rare cancers yield potential source of tumor growth, September 17, 2012 News Release - National Institutes of Health (NIH)
Friday, September 14, 2012
New NIH/NHGRI grants to harness nanoscale technologies to cut DNA sequencing costs, September 14, 2012 News Release - National Institutes of Health (NIH)
Providing Prompt Payment to Small Business Subcontractors
OMB letter requiring prompt payment that led to DOD and Civilian agency class deviations.
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Prompt Payment to Small Business Subcontractors
Class Deviation from the Federal Acquisition Regulation (FAR)
to Implement Office of Management and Budget (OMB) Policy
Memorandum M-12-16, Providing Prompt Payment to Small
Business Subcontractors
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Economic Opportunities Development Corporation of Atascosa, Karnes, and Wilson Counties' Financial Management Practices and Systems Did Not Always Meet Federal Requirements (A-06-11-00034) 09-06-2012
Florida State University Did Not Always Claim Selected Costs Charged Directly to Department of Health and Human Services Awards in Accordance With Federal Regulations and National Institutes of Health Guidelines (A-04-11-01095) 07-19-2012
SUBJECT: Class Deviation- Providing Accelerated Payment to Small Business Subcontractors
OARS Tracking Number: 2012-00014
Effective immediatel y, contracting officers shall use the attached clause to require prime
contractors to pay small business subcontractors on an accelerated tim etable to the maximum
extent practicable. Accordingly, contracting officers shall insert the clause at 52.232-99
(DEVIA TION)(August 2012) in all new solicitations and resultant contracts after the date this
deviation is signed and, to the extent feasible, modify existing solicitations to insert the clause at
52.232-99 (DEVIATION). Contracting officers may amend existing contracts to insert this
clause in accordance with FAR 1.108(d).
52.232-99, Providing Accelerated Payment to Small Business Subcontractors
(DEVIATION)
The contracting officer shall insert the following clause in all solicitations and resultant
contracts.
PROVIDING ACCELERATED PAYMENT TO SMALL BUSINESS SUBCONTRACTORS
(DEVIATION 2012-00014) (August 2012)
This clause implements the temporary policy provided by OMB Policy Memorandum M-12-16,
Providing Prompt Payment to Small Business Subcontractors, dated July 11,2012.
(a) Upon receipt of accelerated payments from the Government, the contractor is required to
make accelerated payments to small business subcontractors to the maximum extent
practicable after receipt of a proper invoice and all proper documentation from the small
business subcontractor.
(b) Include the substance of this clause, including this paragraph (b), in all subcontracts with
small business concerns.
(c) The acceleration of payments under this clause does not provide any new rights under the
Prompt Payment Act.
Academic May Pursue FCA Retaliation Claim | Virginia Lawyers Weekly
Academic May Pursue FCA Retaliation Claim | Virginia Lawyers Weekly:
A post-doctoral fellow conducting research at U.Va.'s Department of Psychiatry & Neurobehavioral Sciences who alleges his appointment was not renewed because he complained about his supervisor's fraudulent allocation of levels of effort on a particular government grant withstands summary judgment on his retaliation claim under the False Claims Act, but the Charlottesville U.S. District Court grants summary judgment on his § 1983 claim alleging violation of his First Amendment rights.
PAYWALL
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Thursday, September 13, 2012
There Is More to Life Than Death — NEJM
There Is More to Life Than Death — NEJM:
Great discussion of preventive screening issues
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Wednesday, September 12, 2012
Tuesday, September 11, 2012
NIH researchers restore children's immune systems with refinements in gene therapy, September 11, 2012 News Release - National Institutes of Health (NIH)
ambulance supplier’s proposal to routinely waive cost-sharing amounts for emergency medical services (“EMS”) rendered on a part-time basis
OIG advisory opinion on
ambulance supplier’s proposal to routinely waive cost-sharing amounts for emergency
medical services (“EMS”) rendered on a part-time basis
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Monday, September 10, 2012
Sunday, September 9, 2012
Article on Patents in Government contracts
Buying the Better Mousetrap:
Patent Law Issues in Federal Acquisition
by
Tamir Damari*
Vol. No. XXII,
Issue No. 4
September 2012
The Clause
A Quarterly Publication of the Boards of Contract Appeals Bar Association, Inc
Friday, September 7, 2012
Strategy developed to improve delivery of medicines to the brain, September 7, 2012 News Release - National Institutes of Health (NIH)
Cornell University Medical False Claims Act Case
... misuse of a research training grant brought on behalf of the government pursuant to the False Claims Act
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Thursday, September 6, 2012
Eastern District of New York
Eastern District of New York: "New York Downtown Hospital (“NY Downtown”) defrauded the Medicare and Medicaid Programs in connection with an inpatient detoxification program which the hospital operated during the period July 21, 1998 through February 14, 2006. Pursuant to the settlement, NY Downtown has agreed to pay the United States and the State of New York $13.4 million."
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Eastern District of New York
Eastern District of New York: "New York Downtown Hospital (“NY Downtown”) defrauded the Medicare and Medicaid Programs in connection with an inpatient detoxification program which the hospital operated during the period July 21, 1998 through February 14, 2006. Pursuant to the settlement, NY Downtown has agreed to pay the United States and the State of New York $13.4 million."
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Status of Deadbeats | Child Support Enforcement | Fraud | Office of Inspector General | U.S. Department of Health and Human Services
Status of Deadbeats | Child Support Enforcement | Fraud | Office of Inspector General | U.S. Department of Health and Human Services: "Deadbeats"
Pay the money or do the time
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NIH Common Fund researchers link genetic variants and gene regulation in many common diseases, September 5, 2012 News Release - National Institutes of Health (NIH)
Hospital Impact - What's missing from the Hippocratic oath
Hospital Impact - What's missing from the Hippocratic oath: "some teaching hospitals want the Hippocratic oath to require physicians to abstain from inflicting financial harm "
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Harvard professor who resigned fabricated, manipulated data, US says - Boston Medical News - White Coat Notes - Boston.com
Wednesday, September 5, 2012
Tuesday, September 4, 2012
NIH-funded researchers restore sense of smell in mice using genetic technique, September 2, 2012 News Release - National Institutes of Health (NIH)
International Procurement by Howard Wolf-Rodda, Daniel Mitterhoff :: SSRN
International Procurement by Howard Wolf-Rodda, Daniel Mitterhoff :: SSRN: "developments in Chinese procurement law "
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Intelligent Human-Machine Collaboration: Summary of a Workshop
Intelligent Human-Machine Collaboration: Summary of a Workshop: "Intelligent Human-Machine Collaboration:
Summary of a Workshop"
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Sunday, September 2, 2012
Indirect infringement
whether a defendant may be held liable for induced infringement if the defendant has performed some of the steps of a claimed method and has induced other parties to commit the remaining steps (as in the Akamai case), or if the defendant has induced other parties to collectively perform all the steps of the claimed method, but no single party has performed all of the steps itself (as in the McKesson case).
Court holds that all the steps of a claimed method must be performed in order to find induced infringement, but that it is not necessary to prove that all the steps were committed by a single entity.
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