The U.S. Food and Drug Administration recently proposed new rules targeting electronic cigarettes. By its authority under the Food, Drug, and Cosmetic Act and the Family Smoking Prevention and Tobacco Control Act, FDA now regulates “tobacco products” — cigarettes, cigarette tobacco, roll-your-own tobacco, and smokeless tobacco. The proposed regulation would “deem” additional products within the scope of the statutory definition of “tobacco product.” FDA would deem electronic cigarettes to be tobacco products, even though e-cigs don’t contain tobacco leaves. The deeming regulation would give FDA the power to govern e-cigs’ manufacture, sale, and use, implementing age restrictions, mandating additional scientific review of products, and scrutinizing claims made by the makers of e-cigs.
The new regulations would prevent e-cigarette manufacturers from telling consumers that their products are a safer alternative than tobacco cigarettes. The deeming regulations would prohibit claiming that vaporized nicotine “presents a lower risk of tobacco-related disease or is less harmful than one or more commercially marketed tobacco products.” In fact, the new rules would prevent them from even advertising to the public that their “product or its smoke does not contain or is free of a substance,” even though e-cigs do not produce smoke and do not contain tobacco in any common-sense meaning of the word.
Banning this sort of claims is absurd: e-cigs lack the more than 4,000 chemicals, many of them carcinogenic, of combustible tobacco cigarettes. Electronic nicotine vaporizers need not be particularly healthy in order to be less unhealthy than traditional cigarettes.
This regulatory push is poisoned by a bevy of bad arguments. Most of the rhetoric consists of pure emotion on the part of anti-tobacco activists. Certain anti-tobacco and anti-smoking factions grow hysterical at the mere specter of smoking. Unfortunately, a more powerful lobby is also trying to squelch e-cigs . . . .
Raven 23 was a team of Blackwater employees who provided security in Iraq for U.S. government personnel. On September 16, 2007, a car bomb went off, and Raven 23 was called on to secure an evacuation of a diplomat. As a federal court described it later, “a shooting incident erupted, during which [some of the members of Raven 23] allegedly shot and killed fourteen [Iraqi civilians] and wounded twenty others.”
After September 16, the firefight moved to federal district court in the District of Columbia when the U.S. Attorneys Office for the District of Columbia brought charges against some of the members of Raven 23.
And, as legal battles go, what a firefight it is.
There’s been a Kastigar hearing, a direct appeal, a mandamus action, a judicial call for an Inspector General investigation into the State Department’s conduct in the case, a promised request for the government to pay attorneys’ fees for one of the members of Raven 23, posturing about new charges, and threats of motions for vindictive prosecution.
If you find yourself with some time, reading the papers in the case – the case number is 08-360 on D.D.C.’s docket – isn’t a bad way to spend it.
If you find yourself without that kind of time, here’s a blow by blow of some of the most interesting bits.
Go watch Penn Law students beat the crap out of Wharton MBA students. Yay!
* The Biglaw firm that Chris Christie hired to investigate Chris Christie and the Bridgegate scandal has concluded that Chris Christie did nothing wrong. Phew, Chris Christie couldn’t haven seen that one coming. [BuzzFeed]
* If you were an attorney on the D.C. Circuit case where counsel received an unexpected benchslap for excessive use of acronyms, would you have said OMG WTF, or LOL NBD? Choose wisely, unless you DGAF. [Legal Writing Pro]
* BTW, the D.C. Circuit doesn’t so much forbid the use of uncommon acronyms as much as it requires that a glossary be used to define them. Too bad iPads have killed glossaries. [Maryland Appellate Blog]
* An American failed chef in Paris: One of Lat’s friends from back in the day when he was at Wachtell took a very circuitous route to becoming the first American partner at a top French firm. [The Deal Pipeline]
* If you care at all about how well women and minority law students are represented on law reviews, then you’ll want to come to this important event. I’ll be there, and hope to see you there, too! [Ms. JD]
* It’s getting hot in herre, but please keep on your clothes. Students from Penn Law REALLY want you to know about this weekend’s boxing event. Nelly will be at the after party. [Wharton vs. Law: Fight Night]
On Tuesday, the D.C. Circuit benchslapped a gaggle of lawyers for filing briefs with excessive acronyms. The court’s per curiam order directed the parties to “submit briefs that eliminate uncommon acronyms used in their previously filed final briefs.”
Alas, attempts to comply with this order have raised a new problem — a problem that some readers saw a mile away….
This week, Emad Abdullah Hassan, a Yemeni man held at Guantanamo Bay since 2002, renewed his legal effort to fight the policy of tube-feeding detainees on hunger strike in protest against their ongoing detention. Last month, the D.C. Circuit held that the federal courts have jurisdiction over cases where Gitmo detainees challenge the terms of their confinement, though the panel declined to enjoin the practice of forced feeding. (You can read the specific claims in Hassan’s case here.)
Nasogastric feeding, the method used with Gitmo hunger-strikers, is where medical staff deliver liquid nutrition directly to a patient’s stomach via a thin plastic tube inserted through the nose.
* Justice Scalia apparently has an ulterior motive for his hatred of deep-dish pizza: “He’s just trying to undermine Barack Obama because he’s a Chicago guy.” God, can’t the guy just like New York style pizza better? Come on. [WSJ Law Blog (sub. req.)]
* Now that the Federal Communication Commission’s net neutrality rules have been smacked down by the D.C. Circuit, the agency is going to start from scratch and come up with some new ones. Yeah, good luck with that. [National Law Journal]
* “Roll your window up, ignore the taunting, put your car in reverse, move a parking spot over.” These are some of the ways you can avoid killing black teenagers over loud music, says a Michael Dunn juror. [CNN]
* The toupee gave it away: A lawyer who used to work as an i-banker at Stratton Oakmont is suing for defamation over a character he claims was modeled after him in the “Wolf of Wall Street.” [ABC News]
I had the good fortune to be offered a clerkship by several of Justice Ginsburg’s colleagues: Abner Mikva, whom I eventually clerked for, Harry Edwards, and Pat Wald. The only one of President Carter’s nominees to the D.C. Circuit who thought me not quite good enough was Judge Ginsburg. She didn’t even interview me.
The legal industry is being disrupted at every level by technological advances. While legal tech entrepreneurs and innovators are racing to create a more efficient and productive future, there is widespread indifference on the part of attorneys toward these emerging technologies.
Ed. note: The Asia Chronicles column is authored by Kinney Recruiting. Kinney has made more placements of U.S. associates, counsels and partners in Asia than any other recruiting firm in each of the past seven years. You can reach them by email: email@example.com.
We at Kinney Asia have made a number of FCPA / White Collar US associate placements in Hong Kong / China thus far in 2014. Most of such placements have been commercial litigation associates from major US markets, fluent in Mandarin, switching to FCPA / White Collar litigation. Some have already had FCPA experience, but those are difficult candidates for firms to find (this will change in coming years as US firms are now promoting FCPA / White Collar to their 2L summers who are fluent in Mandarin and have an interest in transferring to China at some point).
Legal Week quoted Kinney’s Head of Asia, Evan Jowers, extensively in the following relevant article here.
There is a new trend in the market, though, where mid-level transactional US associates, fluent in spoken Mandarin and written Chinese, are interviewing for and in some cases landing junior FCPA / White Collar spots in Hong Kong / China at very top tier US firms.
When the LexisNexis Cloud Technology Survey results were reported earlier this year, it showed that attorneys were starting to peer less skeptically into the future, and slowly but surely leaning more toward all the benefits the law cloud has to offer.
Because let’s face it, plenty of attorneys are perhaps a bit too comfortable with their “system” of practice management, which may or may not include neon highlighters, sticky notes, dog-eared file folders, and a word processing program that was last updated when the term “raise the roof” was still de rigueur.