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OIG Prods States To Increase FCA Civil Penalties
  • Sidley Austin LLP
  • USA
  • September 15 2016

As we previously reported, federal FCA civil penalties were effectively doubled recently due to federal legislation requiring regular re-indexing of


Seventh Circuit Holds Allegations of Specific Claims Not Required to Satisfy Rule 9(b), but Sets High Bar For Pleading Claims Based on Allegations of Medically Unnecessary Services
  • Sidley Austin LLP
  • USA
  • September 13 2016

In another recent False Claims Act (“FCA”) case decided on Rule 9(b) grounds, the Seventh Circuit rejected the contention that allegations regarding


California’s OEHHA Issues Final Proposition 65 “Clear and Reasonable Warning” Regulations
  • Sidley Austin LLP
  • USA
  • September 12 2016

On August 30, 2016, California’s Office of Environmental Health Hazard Assessment (OEHHA) released final amendments to the Proposition 65 warning


EU General Court Upholds Commission’s Landmark Patent Settlement Agreement Decision
  • Sidley Austin LLP
  • European Union
  • September 9 2016

In a much-anticipated series of judgments, running to some 579 pages, the EU's General Court yesterday upheld a 2013 decision of the European


DOJ Contends That Differences in Medical Opinion Can Support False Claims, Seeking Reversal in AseraCare Appeal
  • Sidley Austin LLP
  • USA
  • September 6 2016

As we previously reported here, DOJ is appealing its defeat in AseraCare, in which the district court concluded that “expressions of opinion


Advocate Health to pay largest-ever HIPAA settlement
  • Sidley Austin LLP
  • USA
  • August 31 2016

On August 4 2016 the US Department of Health and Human Services Office for Civil Rights (OCR) announced that Advocate Health Care Center has agreed


Advocate Health to Pay Largest Ever HIPAA Settlement
  • Sidley Austin LLP
  • USA
  • August 17 2016

On Thursday, August 4, 2016, the U.S. Department of Health and Human Services (HHS), Office for Civil Rights (OCR) announced that Advocate Health


Eighth Circuit Holds That Reasonable Interpretations of Ambiguous Regulations Undercut FCA Liability
  • Sidley Austin LLP
  • USA
  • August 17 2016

The Eighth Circuit recently affirmed a district court's grant of summary judgment because the "defendant's reasonable interpretation of an ambiguous


Eighth Circuit Holds That A Reasonable Interpretation of an Ambiguous Statute Does Not Give Rise to FCA Liability
  • Sidley Austin LLP
  • USA
  • August 11 2016

On August 8, 2016, the Eighth Circuit affirmed the dismissal of a FCA complaint against the University of Minnesota Medical Center (“UMMC”) alleging


New genetically engineered foods disclosure law enacted
  • Sidley Austin LLP
  • European Union, USA
  • August 10 2016

On July 29 2016 President Obama signed into law S764, which mandates the establishment of federal disclosure standards applicable to "bioengineered"