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Settlement with Cephalon

Rutledge Reaches Settlement with Cephalon

Fri, Aug 5, 2016

LITTLE ROCK – Arkansas Attorney General Leslie Rutledge has reached a settlement, along with 47 other states, with Cephalon and affiliated companies. The settlement ends a multistate investigation into anticompetitive conduct by Cephalon to protect its monopoly on the drug market, bringing in major profits for its landmark wakefulness drug, Provigil. Due to its conduct, Cephalon delayed generic, cheaper versions of Provigil from entering the market for several years.

“Arkansans deserve the benefits of a free marketplace, but unlawful actions like those of Cephalon deceitfully keep prices high and harm consumers,” said Attorney General Rutledge. “This agreement holds Cephalon accountable and provides important relief to consumers who overpaid for drugs as a result of Cephalon’s corruption.”

The settlement includes $35 million for distribution to consumers who bought Provigil with $673,734.84 going to Arkansas consumers. The State’s total recovery will be $502,779.05 consisting of $235,928.25 to compensate for State proprietary claims and $266,850.78 for Arkansas’s share of disgorgement and costs.

As patent and regulatory barriers prevented generic competition to Provigil neared expiration, Cephalon intentionally defrauded the U.S. Patent and Trademark Office to secure an additional patent, which a court subsequently deemed invalid and unenforceable. Before that court finding, Cephalon was able to delay generic competition for nearly six years by filing patent infringement lawsuits against all potential generic competitors. Cephalon subsequently settled those lawsuits in 2005 and early 2006 by paying the generic competitors to delay sale of their generic versions of Provigil until at least April 2012. Because of that delayed entry, consumers, states and others paid hundreds of millions more for Provigil than they would have had generic versions of the drug launched by early 2006, as expected.

This settlement was facilitated by litigation brought against Cephalon by the Federal Trade Commission (FTC). In May 2015, the FTC settled its suit against Cephalon for injunctive relief and $1.2 billion, which was paid into an escrow account. The FTC settlement allowed for those escrow funds to be distributed for settlement of certain related cases and government investigations, such as those of the 48 states.

The settlement is subject to court review, including providing consumers with notice and an opportunity to participate in, object to or opt out of the settlement. The states expect court review will be provided by Judge Mitchell Goldberg of the Eastern District of Pennsylvania, who is currently overseeing other litigation concerning Provigil against Cephalon and others.

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Obama bullied schools into multi-sex bathrooms

Guest Op-Ed: Obama bullied schools into multi-sex bathrooms

Fri, Aug 5, 2016

LITTLE ROCK – An op-ed written by Arkansas Attorney General Leslie Rutledge appeared in The Hill newspaper which explains why Arkansas and nine other states recently filed a lawsuit challenging the Obama administration’s directive forcing public schools to open single-sex bathrooms, locker rooms and shower facilities to members of the opposite sex.

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Arkansas and nine other states recently filed a lawsuit challenging the Obama administration’s directive forcing public schools to open single-sex bathrooms, locker rooms and shower facilities to members of the opposite sex. To date, fully half of the states in this nation are standing up to oppose this directive. Why?

The answer is simple. This directive is the paradigmatic example of unlawful executive action and inappropriate federal overreach into local and state issues. If the President can get away with what he has done, then separation of powers, checks and balances and the rule of law are truly nothing more than empty phrases.

Title IX, originally passed by Congress in 1972, says no person “shall, on the basis of sex, be excluded from participation in, be denied the benefits of, of be subjected to discrimination under any education program or activity receiving federal financial assistance.” Because nearly all local public schools across the country receive federal funds, Title IX basically applies to every public school. In recent years, President Obama and others have wanted to add “gender identity” as a prohibited category of discrimination alongside sex in Title IX. Since 2007, numerous bills have been introduced into and debated by Congress to amend Title IX to add “gender identity” to the statute. Those bills have all failed, meaning they did not have the necessary support from the people’s elected representatives.

Frustrated by the people’s will and checks and balances, President Obama decided he would simply change the law himself as he has done many times before. He directed his agencies to begin “interpreting” the word “sex” in Title XI as including the term “gender identity” — even though everyone knows that “sex” and “gender identity” are two different concepts. As part of this scheme, the Department of Education sent letters to every local school district nationwide warning that schools will be in violation of Title IX if they don’t let children use the bathroom of their professed gender identity regardless of their biological sex. This is despite Congress specifically stating that nothing in Title IX should “be construed to prohibit” schools “from maintaining separate living facilities for the different sexes.” Moreover it is despite a decades-long acknowledgment by the Department of Education that Title IX allows schools to “separate toilets, and shower facilities on the basis of sex.”

The bullying and threatening letters also suggest schools would violate Title IX if they require proof of gender identity — for example, parental involvement or a statement from a doctor — from a student. If taken seriously, as the letters must be because of the threat of loss of federal funding, this means a high school or middle school could not prevent a group of boys from using the same locker room as the girls in their gym class if the boys suddenly decided one day to profess a female gender identity. Whatever the suggested upside of such a policy for transgendered students, it is a recipe for invasions of privacy, bullying, sexual harassment and sexual assault. And if the same theory is to be applied to statutes governing public restrooms — locations we know are frequented by pedophiles — the consequences might even be worse. As the chief law enforcement officer of my State, I vehemently oppose the creation of circumstances that invite such dangers.

The heartbreaking thing is that it seems as if transgendered students are being used as pawns by this administration to further a broader political and legal agenda. In Arkansas, local school districts have worked to provide reasonable, dignified, respectful solutions for students who are transgendered. There was no problem, until the President manufactured one.

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Mobile Office Locations for August

Rutledge Announces Mobile Office Locations for August

Thu, Aug 4, 2016

LITTLE ROCK – Arkansas Attorney General Leslie Rutledge today announced mobile office locations for August.

Attorney General Rutledge created the mobile office initiative in 2015 to make the office accessible to everyone, particularly to those who live outside the capital city. Last year, office hours were held in all 75 counties, marking the first time that the Attorney General’s office has held office hours in each county across the State. Since January, 40 mobile offices have been held in an effort to help even more Arkansans.

The Attorney General Mobile Offices assist constituents with consumer related issues in filing consumer complaints against scam artists. Staff will also be available to answer questions about the office and the other services it offers to constituents. Rutledge believes there is no issue too small for her staff to have a face-to-face conversation.

Rutledge earlier this year expanded the services offered at mobile offices to include Prescription Drug Take Back boxes. Rutledge is partnering with local law enforcement agencies across the State who will handle a secure box and properly dispose of the prescriptions collected. Arkansans are encouraged to bring their old, unused or expired prescription medications to an upcoming mobile office.

For more information about services provided by the Attorney General’s office, visit ArkansasAG.gov or call (501) 682-2007. Rutledge can also be found on Facebook at facebook.com/AGLeslieRutledge and on Twitter at twitter.com/AGRutledge.

The upcoming mobile office schedule is below:

Mississippi County

Thursday, Aug. 25

10:30 a.m. – noon

Mississippi County Senior Citizens Center

1101 David Lane

Blytheville, AR 72315

Pike County

Monday, Aug. 29

10:30 a.m. – noon

Central Arkansas Development Council Murfreesboro Senior Activity Center

120 E. Court St., Suite A

Murfreesboro, AR 71958

Yell County

Tuesday, Aug. 30

10:30 a.m. – noon

Dardanelle City Hall

120 N. Front St.

Dardanelle, AR 72834

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Clarksville Woman Sentenced for Medicaid Fraud
County Officer Awards

Rutledge to Recognize a Law Enforcement Officer from Each County with Award

Fri, Jul 29, 2016

LITTLE ROCK – Arkansas Attorney General Leslie Rutledge today announced that the 14th annual Arkansas Law Enforcement Summit will be Oct. 4 and 5. The event, which will be held at Camp Robinson in North Little Rock, was established to offer free training and educational opportunities for Arkansas’s law enforcement community, including police, prosecutors and criminal justice personnel. Rutledge expanded the event to a two-day summit last year.

A full schedule and list of speakers for the two-day event will be announced at a later date.

Awards will be given to law enforcement from around the State, and this year Rutledge is expanding the awards. In addition to the statewide and regional Outstanding Law Enforcement Officer of the Year awards, Rutledge will recognize one law enforcement officer from each county as an Outstanding Law Enforcement Officer. These awards recognize college or university, municipal, county or State law enforcement officers who go the extra mile. Nominations will be accepted from police chiefs, county sheriffs, county judges, mayors, prosecutors and other State law enforcement leaders from across Arkansas.

“It is my honor, as the chief law enforcement officer of the State, to recognize the brave men and women who put their lives on the line each day to protect our communities,” said Attorney General Rutledge. “And these awards recognize individuals from around the State who go above and beyond in the line of duty.”

Nomination forms are available on ArkansasAG.gov.

The award winners will be announced at a luncheon on Oct. 5.

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Laura’s Cards are Now Available in Spanish

Rutledge: Laura’s Cards are Now Available in Spanish

Thu, Jul 28, 2016

LITTLE ROCK – Arkansas Attorney General Leslie Rutledge today announced the Spanish version of Laura’s Card will be provided across the State in an effort to assist and empower even more victims of domestic violence and sexual assault. The card can also be downloaded at LaurasCard.ar.gov.

“As a former Lonoke County prosecutor, I saw firsthand the heartbreak that domestic violence can bring to families,” said Attorney General Rutledge. “These crimes have no age, race, economic or geographic boundaries, and it is important that all Arkansans have the resources they need, including those in the Spanish speaking community. The Spanish version of Laura’s Card will be made available to sheriffs’ offices, police departments, advocacy groups, service providers and shelters across the State.”

Rutledge unveiled Laura’s Card in February, and 37,000 have been distributed across the State so far.

Laura’s Card was created through legislation sponsored by Rep. Charlotte Douglas (R-Alma) in the 2015 legislative session after many conversations with Laura Webb of Cabot. Webb is a survivor of domestic violence, but when she was victimized she did not know where to turn and voiced her concerns to Rep. Douglas about the need to provide resources to those in abusive situations. Now under Act 873, law enforcement officers must provide a resource information card to assist victims of crime and their families.

Laura’s Card includes 24-hour crisis lines, a place for law enforcement and local shelter or service provider to include contact information, a list of victim’s rights, information about the Crime Victims Reparations Board and a website that has been created with links to numerous resources available across the State. The website, LaurasCard.ar.gov, is a clearinghouse of resources for law enforcement, service providers and victims.

In addition to working with Rep. Douglas, Webb and the Arkansas Coalition Against Domestic Violence, Rutledge also received input to help craft Laura’s Card from the Arkansas Association of Chiefs of Police; Arkansas Coalition Against Sexual Assault; Arkansas Commission on Child Abuse, Rape and Domestic Violence; Arkansas Crime Information Center; Arkansas Crime Victims Reparations Board; Arkansas Sheriffs’ Association; Arkansas State Police; Criminal Justice Institute and the Office of the Prosecutor Coordinator.

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