A win for the defense in False Claims Act actions
In United States ex rel, Sheldon v. Allergan Sales, LLC, the relator claimed that defendant drug manufacturer had engaged in an allegedly fraudulent price reporting scheme under the Medicaid Drug Rebate Statute. Under the Rebate statute, drug manufacturers seeking to...Another evidentiary scandal for prosecutors in New York
Discovery violations and delays might result in the dismissal of a indictment involving a $500 million fraud. This after the original indictment was dismissed without prejudice for similar issues. United States v. Morgan, et al, 18-cr-108; 21-cr-00032 (W.D.N.Y.). In...Opening statements in DaVita’s Criminal Antitrust case started yesterday
One of the first Department of Justice criminal antitrust cases targeting agreements in the labor market started yesterday. The Indictment charges that DaVita (a kidney dialysis center) engaged in three agreements with competitors that prevented solicitation of each...Trial Penalty in Varsity Blues Cases
I have often discussed the trial penalty here. Individuals are too often punished for going to trial. It appears that individuals in the Varsity Blues case have received a trial penalty for going to trial. The topic was covered by Law360 HERE. The Varsity Blues...Anti-trust enforcement efforts in the health care industry
Over the summer, the Biden administration issued a sweeping executive order aimed at boosting competition across the U.S. economy, including encouraging the Department of Justice (“DOJ”) and the Federal Trade Commission (“FTC”) to strengthen the 2016 guidance related...ABOUT THE AUTHOR
I represent doctors, hospitals, skilled nursing facilities, pharmacies, and other health care providers, during government investigations and defend them in qui tam (whistle-blower) actions. I also regularly counsel companies from a variety of industries on the adoption and operation of their compliance programs and related due diligence issues.
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