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Global privacy & data security update vol. 11 - September 2016
  • Jones Day
  • Australia, European Union, France, USA
  • September 12 2016

Multinational companies have faced new developments over the past year in the area of EU data protection law, from the invalidation of the U.S.-EU


OIG cautions physicians to consider compensation arrangements carefully
  • Jones Day
  • USA
  • June 17 2015

The Department of Health and Human Services, Office of Inspector General ("OIG") recently released a fraud alert cautioning physicians who enter into


What Impact Will the New Trump Administration Have on State Attorney General Activity?
  • Jones Day
  • USA
  • January 10 2017

Some state Attorneys General are already expressing their intention to challenge the new Trump Administration ("Administration") as it moves to


Developments involving providers
  • Jones Day
  • USA
  • February 6 2012

In October 2011, Columbia University Medical Center in New York City agreed to pay nearly $1 million to settle allegations brought under the FCA


DOJ-HHS Medicare Strike Force charges 91 individuals in eight cities
  • Jones Day
  • USA
  • February 6 2012

In September 2011, a nationwide takedown by Medicare Fraud Strike Force operations in eight cities (Detroit, Miami, Houston, Baton Rouge, Los Angeles, Dallas, Brooklyn, and Chicago) resulted in charges against 91 individuals for their alleged participation in schemes involving approximately $295 million in false billing


Former CEO sentenced to home detention and probation in off-label case; motions for new trial are denied
  • Jones Day
  • USA
  • April 21 2011

On April 13, 2011, the former CEO of InterMune, W. Scott Harkonen, was sentenced to three years of probation, six months of home detention (stayed pending appeal), and 200 hours of community service, and ordered to pay a $20,000 fine, based on his 2009 federal wire fraud conviction for creating and distributing a false and misleading press release related to an unapproved use of the drug Actimmune


Former intermune CEO appeals conviction and exclusion
  • Jones Day
  • USA
  • February 6 2012

On October 28, 2011, Scott Harkonen, former CEO of InterMune, appealed his September 2009 conviction for wire fraud, which was based on his involvement in the creation and dissemination of a press release regarding an off-label use of Actimmune


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


Recent developments in FCA cases: filings, motions, settlements, and trial verdicts
  • Jones Day
  • USA
  • April 21 2011

Recent notable False Claims Act (FCA) cases involving participants in the health care industry include the following


Former CEO sentenced to one month imprisonment and ordered to pay $1.9 million
  • Jones Day
  • USA
  • April 21 2011

On March 10, 2011, the former CEO of K-V Pharmaceutical, Marc Hermelin, was sentenced to 30 days in prison after pleading guilty to two federal charges of misbranding drugs