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Establishing the application of the Foreign Sovereign Immunities Act’s arbitration exception

USA - November 12 2015 On October 7, 2015, the United States Court of Appeals for the District of Columbia Circuit issued the mandate on its opinion affirming the judgment…

Doak Bishop, Edward Kehoe, Caline Mouawad, Charlene C. Sun, Brian A. White

First Circuit finds federal preemption of state tort claims that conflict with a medication’s FDA-approved labeling & warnings

USA - March 2 2015 An opinion issued by the U.S. Court of Appeals for the First Circuit on February 20, 2015 held that the Federal Food, Drug, and Cosmetic Act ("FDCA")…

Amanda J Klingler, Andrew T Bayman (Andy), Anne Pierson Allen, Mark S. Brown, Todd P. Davis

Free speech & pharmaceutical promotion — U.S. ex rel. Solis v. Millennium Pharmaceuticals, Inc.

USA - February 23 2015 Off-label prescription drug use — using drugs to treat ailments not indicated on FDA-approved labeling — is among the thorniest legal…

Grace M. Rodriguez

Promoting the False Claims Act by dismissing meritless qui tam actions

USA - September 22 2014 The False Claims Act's qui tam action is a distinctive and atypical form of litigation. Through the qui tam mechanism, Congress created a unique way…

Alexander K. Haas (Alex)

Healthcare industry faces heightened criminal exposure under new criminal division review process for qui tam suits

USA - September 22 2014 The Assistant Attorney General for the Criminal Division, Leslie Caldwell, announced on September 17, 2014, that criminal prosecutors at the Justice…

Christopher A Wray (Chris), Amelia R Medina