Daniel C. Fundakowski

Daniel C. Fundakowski

Epstein Becker Green

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DOJ Focuses on Individual Accountability: New Guidance for Corporate Investigations Places Pressure on Companies and Boards to Put...

On September 9, 2015, the Department of Justice (“DOJ”) issued new guidance on individual accountability for corporate wrongdoing. In the memorandum and an accompanying speech by the Deputy Attorney General Sally Q. Yates,...more

9/29/2015 - Attorney-Client Privilege Board of Directors C-Suite Executives Chief Compliance Officers Corporate Misconduct Criminal Prosecution DOJ Enforcement Actions Government Investigations Healthcare New Guidance Yates Memorandum

FTC Issues First Statement of Enforcement Under Section 5 in 101 Years

On August 13, 2015, the Federal Trade Commission (“FTC” or “Commission”), by a 4-1 vote, approved a bipartisan “Statement of Enforcement Principles” (“Statement of Enforcement”),[1] which purports to shed light on the...more

8/24/2015 - Administrative Authority Enforcement Guidance FTC FTCA Public Policy Section 5 Sherman Act The Clayton Act

The Clock’s Running Fast: SDNY Is First to Interpret “Identification” Under the FCA’s “60-Day Rule” for Government Overpayments

On August 3, 2015, in United States ex rel. Kane v. Healthfirst, Inc., et al., No. 1:11-cv-02325 (S.D.N.Y. Aug. 3, 2015), the United States District Court for the Southern District of New York issued the first reported...more

8/11/2015 - Affordable Care Act CMS Defense Strategies False Claims Act Health Care Providers Healthcare Medicaid Medicare Overpayment Qui Tam

Federal Trade Commission Obtains a Near Record-Breaking Disgorgement in a Monopolization Case

On April 20, 2015, the Federal Trade Commission (“FTC”) announced that Cardinal Health, Inc. (“Cardinal”), agreed to pay $26.8 million to resolve allegations that it violated Section 2 of the Sherman Act by monopolizing the...more

5/14/2015 - Antitrust Provisions Cardinal Health Disgorgement FTC Monopolization Pharmaceutical Radiopharmaceuticals Section 2 Sherman Act

Federal Trade Commission and Department of Justice Hold Joint Workshop on Payment Models and Competition Within the Health Care...

On February 24-25, 2015, the Federal Trade Commission (“FTC”) and Antitrust Division of the Department of Justice (“DOJ”) co-hosted a second public workshop as part of the “Examining Health Care Competition” series to study...more

4/15/2015 - ACOs Affordable Care Act Antitrust Division CMS Competition DOJ Fee-for-Service FTC Health Care Providers Health Insurance Health Insurance Exchanges Healthcare Hospitals

No State Action Antitrust Immunity for North Carolina Dental Board: Implications for the Health Care Sector

On February 25, 2015, the Supreme Court of the United States held that the North Carolina Dental Board (“Board”) was not insulated from federal antitrust liability under the so-called “state action” doctrine when it engaged...more

3/18/2015 - Antitrust Litigation Antitrust Provisions FTC Healthcare Licensing Rules NC Board of Dental Examiners v FTC Restraint of Trade SCOTUS State Action Immunity State Agencies

Illegal Premerger Coordination Leads to DOJ “Gun Jumping” Enforcement Action and $5 Million Settlement—Key Lessons Affecting...

On November 7, 2014, the Antitrust Division of the U.S. Department of Justice (“DOJ”) reached a $5 million settlement with Flakeboard America Limited (“Flakeboard”), its foreign parents, and SierraPine to settle allegations...more

1/8/2015 - Antitrust Provisions Civil Monetary Penalty Disgorgement DOJ Due Diligence Enforcement Actions Flakeboard America Gun-Jumping Hart-Scott-Rodino Act Health Care Providers Hospitals Sherman Act Waiting Periods

The False Claims Act and the Health Care Industry: 2014 Year in Review

On Nov. 20, 2014, the U.S. Department of Justice (“DOJ”) announced settlements and judgments for False Claims Act (“FCA”) cases totaling $5.7 billion (compared to $3.8 billion in fiscal year 2013), $2.3 billion of which was...more

12/12/2014 - Affordable Care Act Anti-Kickback Statute Anti-Retaliation Provisions DOJ False Claims Act Health Care Providers Overpayment Popular Retaliation Settlement Whistleblowers

Supreme Court Declines to Opine on Circuit Split Over Rule 9(b) Pleading Requirements for FCA Claims

On March 31, 2014, in U.S. ex rel. Nathan v. Takeda Pharmaceuticals North America, the Supreme Court of the United States declined to review a decision by the U.S. Court of Appeals for the Fourth Circuit upholding a district...more

6/7/2014 - Certiorari Dismissals False Claims Act Healthcare Fraud Medicare Off-Label Use Pharmaceutical Pleading Standards Popular Qui Tam Rule 9(b) SCOTUS Split of Authority Takeda Pharmaceuticals Whistleblowers

Idaho District Court First to Unwind a Physician Practice Deal

On January 24, 2014, in Federal Trade Commission v. St. Luke's Health System, Ltd. & Saltzer Medical Group, P.A., the U.S. District Court for the District of Idaho found that the acquisition of Saltzer Medical Group...more

2/3/2014 - Acquisitions FTC Healthcare The Clayton Act

Validating the Voidable: A Guide to the New Procedures to Ratify Defective Corporate Acts Under Delaware Law

On June 30, 2013, the governor of the State of Delaware signed legislation that amends the Delaware General Corporation Law ("DGCL"). Among the amendments are two new sections of the DGCL, Section 204 and Section 205, which...more

9/10/2013 - Corporate Governance New Legislation Stocks Voidable

HEALTH REFORM: OIG Issues Updated Guidelines for Evaluating State False Claims Acts: Is More State Litigation on the Horizon?

On March 15, 2013, the U.S. Department of Health and Human Services’ Office of Inspector General (“OIG”) released the Updated OIG Guidelines for Evaluating State False Claims Acts (“2013 Guidelines”), which replaces the...more

4/1/2013 - Affordable Care Act Civil Monetary Penalty False Claims Act FERA Healthcare Medicaid OIG Qui Tam

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