Author page: Marissel Descalzo

Healthcare

Conspiracies between physicians and non-physicians

John Kapoor, a former Insys Therapeutics executive, was convicted following a three-month trial.  The executives in that case were charged with using a speaker program to funnel cash and other perks to doctors who wrote many Subsys prescriptions.  Kapoor is seeking review of the First Circuit’s decision to uphold his conviction.  Kapoor raises an important issue in his petition.  Specifically,…

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Anti-Kickback Statute, Healthcare

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 to “no-poach” and wage-fixing criminal prosecutions.  As early as October 2016, before the Biden administration, the DOJ warned that it was investigating…

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