• 01.25.18

    The Eight Key Elements of Effective Compliance Programs

    Mandated compliance programs are not a new concept, but they have evolved over time.

  • 01.25.18

    DOJ Releases Guidance for Evaluating Dismissal of Qui Tams

    A recent memo issued by the U.S. Department of Justice (DOJ) sets forth the issues it considers in deciding whether to seek the dismissal of qui tam cases filed by relators, and, although written for internal government use, provides guidance to defendants in arguing for such dismissal motions to ...

  • 12.18.17

    Part 1: Megatrends Reinventing How Patients Think

    In early 2017, California Assembly member Jim Wood introduced Bill AB-265, banning the use of copay coupons in California when a generic equivalent drug covered by an individual’s health plan exists.

  • 11.21.17

    Fraud and Abuse 2017: Understanding Trends and Avoiding Actions

    Under the Trump administration, healthcare fraud will remain a key focus.

  • 11.20.17

    Insider Trading: Once More Into the Breach

    On Aug. 23, 2017, the Second Circuit decided U.S. v. Martoma, in which the court affirmed a tippee’s conviction in an insider trading case based on the Supreme Court’s 2016 decision in Salman v. U.S. The Martoma opinion further eroded the Second Circuit’s own landmark 2014 ...

  • 10.24.17

    A New Look at Digital Health Business Models

    Few observers doubt that machine learning, voice assistants and technologies we haven’t even heard of yet will supplant our traditional “brick-and-mortar” health system.

  • 10.18.17

    Supreme Court to Hear Important Whistleblower Case

    Must an employee “whistleblower” specifically provide information about alleged corporate misconduct to the Securities and Exchange Commission (SEC) in order to get protection under the anti-retaliation provisions of Dodd-Frank?

  • 08.23.17

    By Antitrust Standards, When Is a Firm Really Failing?

    The “failing firm” defense as a justification for permitting a merger that may otherwise lessen competition gets considerable play in healthcare transactions.

  • 07.31.17

    Supreme Court Limits SEC’s Disgorgement Power

    On June 5, 2017, the Supreme Court held in Kokesh v. SEC that the five-year statute of limitations found in 28 U. S. C. §2462 with respect to actions for civil monetary penalties applies equally to actions for disgorgement.

  • 06.28.17

    U.K. Court Finds No Privilege Protection for Internal Investigation

    On May 8, 2017, a London High Court made a landmark ruling in favor of the Serious Fraud Office—England’s equivalent of the Fraud Section of the U.S. Department of Justice (DOJ)—in its quest to obtain documents prepared in an internal investigation that were claimed to be ...

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