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Sidley Austin LLP | USA | 19 Feb 2019

8th Circuit Reaffirms FRCP 9(b)’s Demanding Pleading Standard

The U.S. Court of Appeals for the Eighth Circuit joined a growing trend among courts in tightening False Claims Act (“FCA”) pleading requirements…
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Arent Fox LLP | USA | 25 Jan 2019

Friday Enforcement Wrap: Government Shutdown Watch

The Administrative Office of the US Courts announced on Tuesday that after February 1, 2019, federal courts will be unable to sustain funded…
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FisherBroyles LLP | USA | 24 Jan 2019

Walgreens Agrees to Record-Setting Settlements with DOJ in Two FCA Whistleblower Suits

Walgreens Boots Alliance Inc. (Walgreens), the nation's largest retail pharmacy, has agreed to pay just over $269 million to the United States and…
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Troutman Pepper | USA | 30 Oct 2018

Ninth Circuit Rejects Consumer’s Purposeful Evasion of Standard Opt-Out Practices in Epps v. Earth Fare, Inc.

On Friday, October 26th the Ninth Circuit upheld the Central District of California’s dismissal of plaintiff Jalen Epps’s First Amended Complaint for…
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Shearman & Sterling LLP | USA | 30 Sep 2018

Antitrust Reverse Termination Fees--2018 Q3 Update

An antitrust reverse termination fee (ARTF), sometimes called an antitrust reverse breakup fee, is a fee payable by the buyer to the seller if and…
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Akerman LLP | USA | 12 Jun 2018

Pharmacies Accuse Drug Maker of Anticompetitive Contracting to Restrict Biosimilar Market

Walgreens and Kroger have filed an antitrust action in the United States District Court for the Eastern District of Pennsylvania accusing Johnson &…
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Baker & Hostetler LLP | USA | 17 May 2018

FTC Mutes Alleged Deceptive Amplifier Claims

In early May 2018, the Federal Trade Commission (FTC) launched a complaint in the Southern District of Florida against Global Concepts Limited (GCL)…
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Sterne Kessler Goldstein & Fox PLLC | USA | 30 Jan 2018

Design Patents Continue to Show Survival Strength at the PTAB: Institution Rates Remain Lowest Among All Technology Categories and Well Below 50%

While petitioners are successful over 60% of the time in getting the PTAB to institute trial on patents in the biotech, chemical, electrical/computer…
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Seyfarth Shaw LLP | USA | 1 Nov 2017

The Class Action Jurisprudence Of Judge Richard Posner

In early September of 2017, Judge Richard Posner announced his retirement from the U.S. Court of Appeals for the Seventh Circuit…
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Duane Morris LLP | USA | 26 Sep 2017

Small Community Pharmacy Hits Walgreens and Prime Therapeutics with $1.5 Billion Antitrust Suit

On September 21, 2017, J&S Community Pharmacy, Inc., a neighborhood pharmacy in Chicago alleges Walgreens and Prime Therapeutics worked together to…
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