J Michael Slocum

The most recent issue of Trial Reporter covers all kinds of Discovery issues, practices, and strategies: https://lnkd.in/eq6vMsvz One of the articles, written by MAJ member TJ Keilty, details Maryland's Public Information Act, how to access public government records, and potential challenges with PIA exemptions. Learn how you can use PIA requests in discovery for your next personal injury, medical negligence/nursing home, or civil rights case.

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Regulations 101: Please RSVP to this event tomorrow- Office of Advocacy and Office of Information and Regulatory Affairs (OIRA) training on how you can participate in the regulatory process!!! #regulations #OIRA #publiccommentletters #EO12866meetings

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So the harms of #AI in decision making in areas that impact #consumers particularly #lowearning #vulnerable and #disabled communities are out there and findable. The main focus in this conversation is #efficiency from the #perspective of the #system #agencies, not #consumercentric in terms of #accuracy and #realharms to #realpeople.. This is not the time to reduce #consumerprotections. Here are some examples, there a lot more cases examples for those who want to make informed decisions about #liability and #legal #reputation loss and #purchasing. Remember #AI does not provide #causality. #dueprocess #righttoknow rules behind decisions made against you as a person. This one is an #FTC case, filed by @NationalHealthLawProgram, the #EFF and #upturnsystem with 10% error rate (LLMs are barely getting to 80% if even, average I believe is like 60%). We need to have a 99.99999 accuracy rate for high volume tools (#imho). This is a conversation that has to happen. Ongoing 2024 https://lnkd.in/g5wHKvvi 11/2023 https://lnkd.in/gZsQcTQh 9/2023 https://lnkd.in/g47gt3FS #ethics #Michigan about the use of #AI by #Judges https://lnkd.in/gMNtS-XT and there are a lot more. The information is out there. Be #objective don't pretend there are no harms and no rulings.

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In a new blog post, I address how the authoritarian #Project2025 agenda endangers the future of Medicaid and the Affordable Care Act, with some specific implications for sexual and reproductive health and disability. #ProtectMedicaid https://lnkd.in/epmRHi8Y

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https://lnkd.in/e7NRudFb "Last week, in a case called Loper Bright Enterprises v. Raimondo, the U.S. Supreme Court overturned the so-called Chevron doctrine, reversing a 40-year-old precedent that afforded federal agencies a degree of discretion in interpreting ambiguous laws in their areas of expertise. Governments must balance the benefits of allowing businesses to innovate and thrive and the need to enforce regulations that protect vital public interests. The Chevron deference rule, cited as authority in more than 7,000 federal cases, was predicated on a sensible insight—namely, that for agencies to be effective in regulating corporate conduct, they need to have the ability to establish reasonable rules even when Congress has not provided clear guidance. Post-Chevron, and especially if Donald Trump is elected later this year, we can count on less environmental protection, diminished food safety requirements, and laxer standards governing the approval of new drugs [...] The Loper Bright majority opinion, written by Chief Justice John Roberts, held that Chevron needed to be overturned because it “has proved to be fundamentally misguided.” He argued that “courts must exercise their independent judgment in deciding whether an agency has acted within its statutory authority,” concluding that “Chevron does not prevent judges from making policy. It prevents them from judging.” In her dissenting opinion, Justice Elena Kagen countered that the Chevron doctrine “has become part of the warp and woof of modern government, supporting regulatory efforts of all kinds — to name a few, keeping air and water clean, food and drugs safe, and financial markets honest.” She warned that “the majority’s decision today will cause a massive shock to the legal system, casting doubt on many settled constructions of statutes and threatening the interests of many parties who have relied on them for years.” Looking to the future, federal agencies now face [...] how far the courts will now go in scaling back agency discretion. As reported in The Washington Post immediately after the high court’s decision, “corporate lobbyists began plotting how to harness the favorable ruling in a redoubled quest to whittle down climate, finance, health, labor and technology regulations.” The Post predicted that the decision will “touch off years of lawsuits that could redefine the US government’s role in modern American life.”

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ITAR & EAR - Please join me for a complimentary webinar on writing effective public comments for the proposed rule on defense services, which will take place on Tuesday, September 10, at 11:00 a.m. ET. As I was involved in the first three proposed rules for defense services, I will share critical perspectives on the latest proposed rule, the history of defense services, the previous proposed revisions, and effective strategies for public comments. The webinar will also discuss and provide strategies for the corresponding proposed revisions to the Export Administration Regulations regarding activities by U.S. persons that support foreign military, security, or intelligence services. https://lnkd.in/g8wRtqA8 #itar #exportcontrols #defenseservices #ddtc #bis

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In their new Forefront article, Shweta Kumar, Valarie Blake, and S. Sean Tu from the Georgetown University Law Center and the West Virginia University College of Law argue that ideally, lawyers and agencies will prioritize getting up-to-date scientific information into the record early in litigation through the use of experts so that any factual inconsistencies can be addressed at the trial and appellate courts levels. "On the heels of Dobbs, in Alliance for Hippocratic Medicine v. U.S. Food & Drug Administration (5th Cir., 2023), the Texas appellate court restricted access to the abortion pill mifepristone, despite decades worth of medical evidence showing that mifepristone is both medically safe and effective. The court overturned the Food and Drug Administration’s (FDA’s) findings on drug safety and efficacy, reasoning that the FDA did not adequately take safety concerns into consideration when permitting mail-order prescriptions for the pill, which became commonplace during the pandemic. While courts have historically deferred to the FDA’s scientific expertise to render sound judgment regarding drug approval and regulation, the appeal for Alliance for Hippocratic Medicine, for which the US Supreme Court heard oral arguments in March 2024, signals an increasing willingness for courts to question the FDA’s expertise in politically fraught issues such as abortion." Read the full article here: https://bit.ly/4bm8CJO

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ANNUAL MEETING PROGRAM SPOTLIGHT    The Supreme Court and other courts have recently issued several opinions diminishing judicial deference to federal agencies – e.g., West Virginia v. EPA (S.Ct.) (the “major questions doctrine” case); Alliance for Hippocratic Medicine v. FDA (5th Cir.) (the “abortion pill” case). And in the 2023-24 term (which will end a few weeks before the 2024 Annual Meeting), the Court is expected to overrule its most significant administrative law decision, Chevron v. NRDC (holding that courts should defer to an agency’s “reasonable” construction of an ambiguous statute even if the agency’s construction is not the best one). On the one hand, diminishing judicial deference to agency decision-making may benefit corporate clients by evening the playing field when they challenge agency decisions that adversely affect them. On the other hand, such diminishing judicial deference may also benefit public advocacy organizations in challenging agency decisions that benefit corporate clients (e.g., product and permit approvals). Join panelists James Fraser (Thompson Hine LLP), Danielle Waltz (Dinsmore & Shohl LLP) and Peter R. Wilson (Walgreens) who will (1) analyze recent decisions affecting judicial deference to agencies; and (2) discuss ways in which corporate clients can navigate the potential upsides and downsides of these decisions. #iadcmeetings Join us at the Annual Meeting: https://lnkd.in/gjHmUH92  

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My Foley colleague, Matthew Horton, will be participating in the panel "AI and the U.S. Patent Landscape" at the Patent Quality Week 2024. This panel will discuss critical issues that U.S. policymakers and regulators must carefully consider when defining what emerging AI means for the U.S. patent system. Click below to learn more and to register. #Patent #ArtificialIntelligence #IntellectualProperty

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A can't-miss opportunity for hospitals and health systems, as well as #languageaccess providers, to provide input on developing a universal symbol informing patients and their companions of the availability of language assistance services in #healthcare. A universal symbol like this could potentially reduce the significant administrative burden on healthcare providers to otherwise provide notice of these services. Please let me know if you plan to submit comments or would like to discuss. #healthlaw #meaningfulaccess

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New, or newly interpreted, U.S. state laws and court decisions governing abortion may directly affect access to medical care and treatment for patients who are, or who want to become, pregnant. In this article, we summarize some of the important, novel state rules, considering the potential impact on research with embryonic stem cells.

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📜 What is the 25th Amendment 📜 The 25th Amendment to the United States Constitution, ratified in 1967, clarifies the procedures for presidential succession and dealing with presidential incapacity. 🔗 Learn More: https://lnkd.in/es9Z2FTJ #Law #Legal #TopazioLaw #Amendment #Lawyer #Attorney

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Advancing Substantive Professionalism in Trial Advocacy If you missed the October 2023 Issue of Trial Magazine, you missed a great message by AAJ President Sean Domnick. His column focused on the critical importance of professionalism in trial advocacy. Beyond mere cordiality, true professionalism demands integrity, ethics, and a commitment to justice. The article addressed obstructive behaviors by defense, emphasizing the need for substantive professionalism that prioritizes progress and transparency. By promoting a higher standard of conduct, we can ensure a legal landscape that serves the interests of case resolution and justice. For past issues of TRIAL Magazine, visit justice.org. #Professionalism #TrialAdvocacy #AAJResources #LegalAdvocacy 

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Take a brief moment to read about the legendary accomplishments of Dr. Charles Drew, a pioneer in blood transfusions and blood storage and preservation. Courtesy of the U.S. Patent and Trademark Office https://lnkd.in/eps4_5qN #blackexcellence #surgeon #inventor #rolemodel

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The Administrative Review Tribunal’s new practices, powers and procedures are intended to deliver an accountable, transparent and unified system of federal merits review, while preserving key powers and mechanisms for procedural fairness. See some key takeaways in our article here https://ow.ly/ntyE50TZZgr By: Kent Teague, Kate Ervin and Hannah Anderson

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💼 Whether you're a seasoned prosecutor or just starting your legal career, mastering the art of anticipating and rebutting defenses is crucial. Gain a tactical and strategic advantage with our latest Trial Advocacy Academy Series live webinar on May 9. https://bit.ly/3TZL5GW

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💼 Whether you're a seasoned prosecutor or just starting your legal career, mastering the art of anticipating and rebutting defenses is crucial. Gain a tactical and strategic advantage with our latest Trial Advocacy Academy Series live webinar on May 9. https://bit.ly/3TZL5GW

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