Laurence J. Freedman

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Health Care Enforcement Year-in-Review and 2020 Outlook: Civil Fraud Enforcement Developments and Trends

USA - January 21 2020 As discussed in our article recently published by Law360, 2019 brought yet another year of robust health care enforcement activity, and the False...

Nicole Henry, Julianna I. Hanlon, Clare Prober, Brian P. Dunphy, Karen S. Lovitch.

Eleventh Circuit Rules in AseraCare Case that Disagreements in Clinical Judgment, Without Objective Falsity, Do Not Prove Fraud Under the FCA

USA - September 11 2019 On Monday, the U.S. Court of Appeals for the Eleventh Circuit issued its long-awaited and closely watched decision in United States v. AseraCare Inc...

Brian P. Dunphy, Samantha P. Kingsbury.

Insys Bankruptcy Filing Immediately After Global Settlement Triggers Powerful Remedies

USA - June 25 2019 Over the last two years, much of the healthcare world has been watching the government's prosecution of Insys Therapeutics for its sales and marketing...

Samantha P. Kingsbury.

Supreme Court Decides Important Case on When CMS Must Use Formal Rulemaking when Instructing Medicare Contractors

USA - June 4 2019 On June 3, 2019, the U.S. Supreme Court issued a decision in Azar v. Allina Health Services. The case involved a challenge by hospitals over whether...

Daryl M. Berke, Thomas S. Crane.

DOJ Issues Guidance on Cooperation Credit in FCA Settlements

USA - May 10 2019 The U.S. Department of Justice (DOJ) issued policy guidance on May 6, 2019, about providing credit in False Claims Act (FCA) settlements to...

Jane T. Haviland.