Health

Expert Analysis

• Gov't Contractors, Be Prepared For FCA Parallel Proceedings

  

  The continued sprawl of False Claims Act cases warrants scrutiny of one of the statute's less understood characteristics — one set of facts can lead to concurrent or successive proceedings initiated by a combination of criminal, civil or administrative authorities, as well as private plaintiffs, say attorneys at DLA Piper.

• What We Heard At The FTC Hearings: Day 22

  

  The 13th hearing in the Federal Trade Commission’s series on competition in the 21st century focused on evaluating the FTC’s merger retrospective program. Jon B. Jacobs and Jeremy Keeney of Perkins Coie discuss some of the recurring themes, innovative concepts and key takeaways.

• Justice Department's ACA Reversal Raises FCA Questions

  

  The U.S. Department of Justice's about-face on Affordable Care Act constitutionality may discourage potential whistleblowers from coming forward unless the DOJ clarifies its plans to enforce the False Claims Act, says Cleveland Lawrence III of Mehri & Skalet.

• Rebuttal

  Jury Trials, Though In Decline, Are Well Worth Preserving

  

  In a recent Law360 guest article, the author applauded the disappearance of jury trials as an inefficient, costly mechanism, but in doing so he overlooked the greater value of jury trials for our justice system, says Stephen Susman, executive director of the Civil Jury Project at NYU School of Law.

• Measles Vaccine Mandates Have Strong Legal Footing

  

  In response to the recent measles outbreak, more cities and states are expected to follow New York City's lead with orders for mandatory measles vaccinations, and challenges to those orders are unlikely to be successful, say Michael Hoernlein and Rebecca Gauthier of Alston & Bird.

• A Broader View Of The US Supreme Court Bar

  

  During the past 15 years, three widely read articles bolstered by starstruck media have promulgated the incorrect perception — sorely in need of revision — that the U.S. Supreme Court bar is limited to a handful of elite lawyers, says Lawrence Ebner of Capital Appellate Advocacy.

• Health Care Cos. Should Beware Usurpation Of Opportunity

  

  A recent Delaware Court of Chancery decision, Personal Touch v. Glaubach, may prompt corporate leadership to be more attentive to the legal risks associated with the usurpation of corporate opportunity, especially in the health care sector, says Michael Peregrine of McDermott.

• Inside DOJ's Recent Charitable Copay Foundation Settlements

  

  On April 4, the U.S. Department of Justice announced three settlements of False Claims Act cases, offering a glimpse into the ways the DOJ believes pharmaceutical companies have used charitable copay foundations to cover copays of government health program beneficiaries, circumvent anti-kickback laws and artificially bolster high drug prices, say attorneys with Skadden.

• State Net

  Court Battles Slow Trump Health Care Rollbacks

  

  A D.C. federal court recently struck down Trump administration waivers allowing two states to impose work requirements on Medicaid recipients. The case is part of a larger partisan struggle in which President Donald Trump and Republican state attorneys general continue their efforts to dismantle Obamacare, says Lou Cannon of State Net Capitol Journal.

• In Virtual Teams For Mass Torts, The 'Law Team' Is Critical

  

  A critical component of any virtual law team assembled for mass tort litigation is a dedicated "law team," which tackles the legal strategy and drafts the many necessary pleadings, motions and other submissions, say attorneys at Pepper Hamilton and Faegre.