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Discrimination in Medical Decision-Making: How Hospitals and Doctors Can Protect Themselves from Future Litigation During the COVID-19 Crisis

How do you decide who receives treatment if your hospital cannot treat everyone who comes through its doors? This is a fundamental question that many hospitals will be forced to answer during the novel coronavirus outbreak, and it is one that has significant legal implications. With no indication that the...

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Shoplifters Coughing to Elude Security Face Potential Federal Charges

Shoplifters have been claiming to have COVID-19 to avoid arrest. But what ordinarily could be considered a petty theft case could be elevated to a felony robbery prosecution, Nick Oberheiden and other legal experts say. See the full video clip on KTVU fox29.com.

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Defense of Charges Under the Defense Production Act During the Novel Coronavirus (COVID-19) Pandemic

The U.S. Department of Justice (DOJ) recently filed its first charges under the Defense Production Act in relation to the COVID-19 crisis. More similar cases will likely follow. On March 18, 2020, President Trump issued an Executive Order invoking the Defense Production Act (DPA) in response to the novel coronavirus...

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Personal Protective Equipment (PPE) and Laboratory Testing Fraud During the COVID-19 Crisis

The FBI and DOJ have begun targeting individuals and companies accused of hoarding PPE, selling fraudulent test kits, price gouging, and engaging in other fraudulent practices related to the COVID-19 crisis. As the novel coronavirus (COVID-19) pandemic continues, some federal agencies are turning their focus to prosecuting individuals and companies...

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Nick Oberheiden on Newsy 4.20.20

During this interview on Newsy, Nick explains the coming litigation and also how hospitals are trying to correct course now. Nick Oberheiden on Newsy 4.20.20 from Annie Scranton on Vimeo.

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Domestic Military Intervention During the Novel Coronavirus Pandemic: Understanding the Implications of the Posse Comitatus Act

As the impact of the novel coronavirus pandemic on the United States deepens, questions are arising as to whether and to what extent the federal government can call upon the military to assist with the country's response and maintain order. On March 26, the total number of confirmed novel coronavirus...

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How the COVID-19 Crisis has Transformed into a National Security Matter

The novel coronavirus (COVID-19) pandemic presents unprecedented challenges for governments and businesses around the world. In the U.S., the pandemic has shed light on some fundamental national security concerns in the public and private sectors. In the wake of the 9/11 terror attacks, protecting the nation's security meant one thing:...

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What is Nationalization and How is It Relevant to the Novel Coronavirus Pandemic?

As the federal government weighs its options for responding to the novel coronavirus pandemic, questions regarding nationalization have come up in various contexts. So, what is nationalization, and what would it mean during (and after) the novel coronavirus pandemic? The novel coronavirus pandemic has impacted life in America in ways...

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Price Gouging Defense Update: State and Federal Authorities are Aggressively Targeting Price Gougers During the Novel Coronavirus (COVID-19) Pandemic

The U.S. Department of Justice (DOJ) and Attorney General's Offices around the country have announced that they will be aggressively targeting companies that attempt to price gouge health care providers and consumers during the COVID-19 outbreak. The novel coronavirus (COVID-19) pandemic continues to have unprecedented effects on our nation's economy;...

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Federalization of the Federal Guard: The Implications of the National Defense Act During the Novel Coronavirus (COVID-19) Pandemic

Under the National Defense Act and its amendments, the President has the authority to federalize the National Guard in times of crisis. The National Defense Act, ratified by Congress in May of 1916, allows for the federalization of state National Guards in the event of a national emergency. It was...

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