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Two amicus briefs filed on behalf of purdue executives in appeal before the D.C. Circuit court

  • Jones Day
  • -
  • USA
  • -
  • September 6 2011

In July 2011, two groups filed friend-of-the-court briefs in support of three former Purdue executives, including a former general counsel, who are appealing their exclusion from federal health care programs by the HHS-OIG

Laws that prohibit the sale of certain medical information held to be an unconstitutional restraint against free speech

  • Jones Day
  • -
  • USA
  • -
  • September 6 2011

In Sorrell v. IMS Health Inc., the U.S. Supreme Court held that Vermont's "Prescription Confidentiality Law" imposes content-based and speaker-based burdens on expression and, as such, is subject to heightened judicial scrutiny

Recent developments in FCA cases: filings, motions, and settlements

  • Jones Day
  • -
  • USA
  • -
  • September 6 2011

Recent notable FCA cases involving participants in the health care industry include the following

SEC alleges securities fraud by biopharmaceutical company and executives

  • Jones Day
  • -
  • USA
  • -
  • September 6 2011

On August 1, 2011, the SEC brought suit against Immunosyn Corporation, Argyll Biotechnologies LLC, and four executives, alleging that they had committed securities fraud related to misleading statements regarding the status of regulatory approvals during 200610

OIG closes exclusion case against Forest Laboratories

  • Jones Day
  • -
  • USA
  • -
  • September 6 2011

On August 5, 2011, the Department of Health and Human Services Office of Inspector General ("HHS-OIG") notified Forest Laboratories Inc

HHS-OIG joins Twitter

  • Jones Day
  • -
  • USA
  • -
  • September 6 2011

In May 2011, the HHS-OIG joined Twitter as part of its ongoing efforts to quickly and effectively distribute information

Predictive modeling will be used to identify potential fraud

  • Jones Day
  • -
  • USA
  • -
  • September 6 2011

In June 2011, the Centers for Medicare & Medicaid Services ("CMS") announced that it will use predictive modeling technology to identify potentially fraudulent Medicare claims and to stop payments before they are made

Parameters of "Community of Interest" privilege narrowed

  • Jones Day
  • -
  • USA
  • -
  • September 6 2011

A federal judge in the Eastern District of Pennsylvania defined the parameters of what is protected by the "Community of Interest" privilege (sometimes referred to as the "Joint Defense" privilege