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Litigation

Food Litigation: The New Frontier

By Lauren J. Elliot and Richard A. Jacobsen

The success of consumer advocacy groups in having companies change their labels and campaigns based on unsubstantiated product health claims has emboldened the plaintiffs' bar. All indications are that this trend toward more challenges to health claims and more FDA enforcement of regulatory standards will continue unabated.

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Foreign Corrupt Practices Act

Narrow, Don't Abolish, FCPA Facilitating Payments Exception

By Joel M. Cohen and Adam P. Wolf

While a growing chorus is calling for the elimination of the "facilitating payments" exception to the FCPA, a solution involving an outright FP ban is not the better course. Aspirationally, it is preferable for companies not to pay FPs. But theory must sometimes accommodate to reality.