NAAG Challenges Efforts to Weaken Laws Against Human Trafficking & Sexual Abuse

The National Association of Attorneys General (NAAG) wrote a letter to the American Law Institute (ALI) urging them to reject proposed changes to Section 213 of the Model Penal Code (MPC) that would weaken the ability of states to prosecute sexual assault, abuse, exploitation, and trafficking crimes; jeopardize the safety of victims of these crimes;…

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NAAG Submits Comment Letter on Beneficial Ownership Regulations

Our comments are consistent with the sense of Congress, which requires that regulations “to the greatest extent practicable… collect information in a form and manner that is reasonably designed to generate a database that is highly useful to… law enforcement agencies…” NDAA § 6402(8)(C).

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Maryland et al. v. Perrigo Company, No. 1:04CV01398 (D.D.C. Aug. 17, 2004)

The FTC and states alleged that the companies had entered into a “pay-for-delay” arrangement, whereby Perrigo paid Alpharma to withdraw its generic version from the market for Children’t ibuprofen.According to the complaint, in June 1998, Perrigo and Alpharma signed an agreement allocating to Perrigo the sale of OTC children’s liquid ibuprofen for seven years. In exchange for agreeing not to compete, Alpharma received an up-front payment and a royalty on Perrigo’s sales of children’s liquid ibuprofen. The FTC received $6.25 million to compensate injured consumers. The states received $1.5 million in lieu of civil penalties. the parties were enjoined from future agreements.

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Maryland v. SmithKline Beecham Corp., No. 2:06-cv-01298-JP (E.D.Pa Mar. 27, 2006)

States sued manufacturer of antitdepressant Paxil, alleging patent misuse and sham litigation designed to prevent generic entry. Parties settled for $14 million.

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Ohio, et al, v. Bristol-Myers Squibb Co., et al.(D.D.C. 2002); see also In re Buspirone Antitrust Litigation,Case No. 01 CV 11401, MDL 1410, MDL 1413 (S .D.N.Y.)

Plaintiff States sought damages and injunctive relief, alleging that the drug company, Bristol-Myers Squibb, Co. (BMS) wrongfully maintained a monopoly on Taxol, a drug for which the Plaintiff States alleged Defendant fraudulently filed a patent. BMS’s alleged wrongful action delayed entry into the market by generic competitors of the drug, resulting in higher prices for Taxol. In 2008, plaintiff states sued BMS for failing to report accurately to the states, pursuant to the settlemen, a patent arrangement involving the drug Plavix. The company pleaded guilty to lying to the FTC and the states recovered $1.1 million in fines.

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Florida, et al. v. Nine West Group, Inc. and John Doe, 1-500, 80 F. Supp.2d 181 (S.D.N.Y. 2000); No. 00-CV-1707 (S.D.N.Y. Dec. 14, 2000)

Plaintiff States sought damages and injunctive relief, alleging that Nine West Group (Nine West) conspired with unnamed dealers to set the minimum resale price at
which retailers were permitted to sell women’s dress shoes to customers.

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NAAG to Congress: Reauthorize Violence Against Women Act

As the legislative history of VAWA has shown, members from both sides of the aisle have come together to strengthen existing protections and fill gaps in the law. We, therefore, urge you to work together as leaders of your respective caucuses and committees to act before VAWA expires and pass a VAWA reauthorization bill that continues to ensure our nation’s most vulnerable victims are not left behind.

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