Investing On Margin–Will Your Chickens Come Home to Roost?

While we sometimes hear our politicians scream about someone’s “chickens coming home to roost,” the origin really deals with curses and offensive words and actions that may come back to haunt you.  The old adage suggests your curses and offensive conduct are like young chickens, and will eventually come home to roost–meaning your bad conduct will eventually rebound to cause you harm.   Perhaps investing on margin in a bull market is an apt analogy. Indeed, all of our accounts should be showing substantial gains in the last 12 months, as the Trump bull market continues to run.  Compared to numbers one year ago, margin investing is on the rise, with more and more accounts showing increasing margin debit balances. At the end of November 2017, FINRA reported there was more than $627 Billion in margin debit balances in retail customer accounts, compared to $553 Billion at the beginning of 2017, more than a 13% increase in borrowing to….. To continue reading this legal news please click Read full information...

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Compounding Remains an FDA Priority: Agency Announces 2018 “Compounding Priorities Plan” and Several Compounding Guidances, Including Guidance on “Essentially Copies” and Repackaging

By Karla L. Palmer — Last week FDA announced the release of its 2018 “Compounding Priorities Plan.” FDA also released several guidance documents in the wake of its announcement, such as its final guidance on essentially copies of commercially available drug products for Section 503A and 503B facilities (more on that in another blog post), and guidance on repackaging of biologic products outside of an approved BLA. FDA notes that “Our 2018 compounding policy priorities plan lays out how the agency will implement certain key provisions of DQSA and other provisions of the law relevant to compounders over the course of the coming year. Our policy will be part of a series of draft and final guidance documents, proposed and final rules and a revised draft memorandum of understanding (MOU) between the FDA and the states.” FDA is indeed busy in this area. The priorities include the following: Risk Based Approach to Manufacturing Standards for Outsourcing….. To continue reading this legal news please click Read full information...

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Educational Attainment in the United States: 2017

“For the first time in U.S. history, 90 percent of the population age 25 and older have completed high school. This is according to new Educational Attainment data released today from the U.S. Census Bureau. “In 1940, less than half of the population age 25 and older had a high school diploma. Over the years this has increased to the point where we now have 90 percent who have completed high school,” said Kurt Bauman, a demographer in the Social, Economic and Housing Statistics division. “That means out of the 217 million people age 25 and older, 194 million have a high school diploma or higher.” Between 2000 and 2017, the percentage of all people age 25 and older who had not completed high school decreased by more than one-third, dropping from 16 percent to 10 percent. As high school educational attainment increased for the nation as a whole, attainment for minority populations also increased. Over the same time period, the percentage of blacks….. To continue reading this legal news please click Read full information...

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Cloud Data Should Stay Grounded in Border Searches

Crossing the American border with electronic devices has long been a concern for both the public and lawyers in Canada. Border officials have always had more power to inspect or search electronic devices than domestic police, but this has also raised some concerns for American citizens as well. While the Electronic Communications Privacy Act (ECPA), does not apply to data stored on a personal device, this information is still protected in the U.S. under the Fourth Amendment. The notable exceptions to this include search incident to arrest and border searches. The Supreme Court of the United States has justified this latter exception in United States v. Flores-Montano on the basis that, The Government’s interest in preventing the entry of unwanted persons and effects is at its zenith at the international border. Time and again, we have stated that “searches made at the border, pursuant to the longstanding right of the sovereign to protect itself by stopping and….. To continue reading this legal news please click Read full information...

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Protecting Kids Means Closer Scrutiny of Day Cares

In the wake of two Oregon day care deaths in as many months late last year one might have thought that it would be a simple thing to build momentum in the legislature for reform and increased oversight, but in politics things are rarely that simple. Earlier this month The Oregonian reported that Governor Kate Brown’s initiative to “beef up oversight of day cares” was receiving a “tepid response” in Salem. The paper reports that “the proposal would increase maximum fines for rule-breaking day cares while closing a licensing loophole that can allow bad providers to escape consequences.” At an Oregon House hearing, however, “committee members questioned if the state’s bid to create 14 new positions would actually move the needle and help ensure kids are safe.” When the legislature does not move as quickly as it should, it is worth remembering that even without changes to current law our courts offer powerful tools for….. To continue reading this legal news please click Read full information...

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