Patricia Wagner

Patricia Wagner

Epstein Becker Green

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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

Recent FCC Ruling on the TCPA Has Important Implications for Health Care Companies

On July 10, 2015, the Federal Communications Commission (“FCC”) issued a Declaratory Ruling and Order (“Declaratory Ruling”) in response to 21 separate requests seeking clarification or other action on the Telephone Consumer...more

7/23/2015 - Advertising CAN-SPAM Act Debt Collection Declaratory Rulings Exceptions FCC Health Care Providers HIPAA Prior Express Consent Reassigned Phone Numbers TCPA Telemarketing Text Messages Wireless Devices

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

Take 5 Newsletter: Five New Challenges Facing Retail Employers

Retailers face new challenges every day as a result of legislation, litigation, and technology. This Take 5 addresses some of these challenges. 1. Pregnancy Accommodation - Several states and municipalities...more

2/21/2014 - Contract Drafting Cybersecurity EEOC Hiring & Firing Pregnancy Pregnancy Discrimination Racial Profiling Reasonable Accommodation Release Agreements Retailers Separation Agreement Severance Agreements Social Media Title VII

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

HEALTH REFORM: Four Key Areas of the New HIPAA Privacy Regulations

On January 25, 2013, the Health Insurance Portability and Accountability Act ("HIPAA") regulations (the "Omnibus Rule") implementing the statutory amendments under the Health Information Technology for Economic and Clinical...more

2/1/2013 - Business Associates Data Breach Data Protection Healthcare HIPAA HIPAA Omnibus Rule HITECH Notice Requirements PHI

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