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Second Circuit Finds That The Government’s Continued Payment In The Face of Fraud Allegations Undercuts Materiality
  • Sidley Austin LLP
  • USA
  • January 2 2018

The Supreme Court emphasized in Escobar that questions of materiality are not "too fact intensive for courts" to decide through a motion to dismiss

Fraud on the FDA? If Not Preempted, It Is Trumpery
  • Reed Smith LLP
  • USA
  • October 2 2017

With Bexis having originally conceived the preemption argument that became Buckman Co. v. Plaintiffs Legal Committee, 531 U.S. 341 (2001), we are

Escobar's Effect on False Claims Act Qui Tam Actions
  • Dinsmore & Shohl LLP
  • USA
  • October 2 2017

The False Claims Act (FCA or Act) can be a real punch in the gut for businesses on the wrong side of an FCA claim. The Act, codified at 31 U.S.C

How Companies Should Prep for Enforcement Shift to State AGs
  • Foley & Lardner LLP
  • USA
  • August 23 2017

“Top Cop” is how every state Attorney General wants to be known. In reality, state AGs have far more authority for civil enforcement than they do for

Fifth Circuit Affirms Defense Verdict and Dismissals of Off-Label FCA Claims
  • Sidley Austin LLP
  • USA
  • June 13 2017

Last week, the Fifth Circuit affirmed a defense verdict and the earlier dismissal of several False Claims Act claims related to the alleged off-label

Ohio Attorney General Sues Pharmaceutical Companies Over Opioid Marketing - Yet Another Sign of Government Focus on Recovering Financial Cost of Opioid Epidemic
  • Pietragallo Gordon Alfano Bosick & Raspanti LLP
  • USA
  • June 9 2017

Last week, Ohio Attorney General Mike DeWine filed a lawsuit against multiple pharmaceutical companies, including Purdue, Teva, Johnson & Johnson

New York Attorney General Announces Settlements with Three Mobile Health Application Developers
  • Jones Day
  • USA
  • May 12 2017

New York has made a mark on the regulatory and enforcement landscape for mobile health applications ("mobile health app") with the New York Attorney

White House Fiscal Year 2018 "Skinny Budget" Targets Discretionary Healthcare Spending
  • Sidley Austin LLP
  • USA
  • March 29 2017

On March 16, U.S. President Donald Trump released his fiscal year (FY) 2018 budget blueprint, known colloquially as the "Skinny Budget." The release

What Should Clinical Laboratories Expect in 2017?
  • Sidley Austin LLP
  • USA
  • February 28 2017

As discussed in our first installment, clinical laboratories were subject to significant changes in law and policy as the result

Washington Healthcare Update - February 12, 2017
  • McGuireWoods LLP
  • USA
  • February 13 2017

On Feb. 7, the House Energy and Commerce Health Subcommittee approved two bills making minor changes to Medicaid. H.R. 829 would require states to