No harm, no foul? First Circuit departs from trend narrowing Chapter 93A injury requirement, reverses dismissal of claim arising from failed price-fixing conspiracy *

USA - June 4 2012
State unfair competition laws can sometimes provide a vehicle to permit consumers to bring certain types of claims arising from violations of the Sherman Act – for example, indirect purchaser price fixing claims – that such consumers might otherwise lack standing to bring.

Co-authors: Bruce D. Sokler, Robert G. Kidwell, Ari N. Stern.

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The cost of HIPAA non-compliance – $17 million *

USA - March 19 2012
If it wasn’t clear before, a recent settlement of HIPAA claims brought by the Department of Health and Human Services against BlueCross BlueShield of Tennessee (“BCBST”) underscores the high regulatory cost of non-compliance with privacy requirements. 

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Recent Second Circuit decision invalidating class action waiver highlights actions by lower courts to limit and distinguish AT&T Mobility, LLC v. Concepcion *

USA - February 21 2012
The Supreme Court’s decision in AT&T Mobility, LLC v. Concepcion, which upheld the validity of class arbitration waivers in consumer contracts, was initially viewed as a serious blow to the continued viability of consumer class actions

Co-authors: Mary H. Adams.

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District court allows trial on whether a below cost but competitively bid arrangement can lead to a kickback violation *

USA - February 16 2012
The recent decision by a federal court judge in Mississippi to deny defendants’ motion for summary judgment in United States ex rel. Jamison v. McKesson rejected a well-established defense to claims that competitively procured arrangements for goods and services constituted “remuneration” for purposes of the Anti-Kickback Statute (“AKS”).

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New Seventh Circuit decision endorses heightened scrutiny of experts at class certification stage while potentially lowering the bar to the predominance element at class certification *

USA - January 26 2012
In the health care antitrust world, the Federal Trade Commission (FTC) Evanston case, involving a retrospective attack on the consummated merger between Evanston Northwestern and Highland Park hospitals, is an important government enforcement benchmark.

Co-authors: Bruce D. Sokler, Christi J. Braun, Robert G. Kidwell.

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