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Health Update - September 2015

Latest Healthcare False Claims Act Roundup and Top 3 Best Practices to Reduce Exposure - As the legal landscape in healthcare becomes increasingly complex, healthcare companies that receive federal program funds face...more

New Risks of "No-Poach" Agreements in the Healthcare Industry?

"No-poach" agreements, under which employers agree not to steal each other's employees, have long been a feature of industries in which key talent is in short supply. But such agreements can restrict competition in employment...more

Another FTC Conduct Case to Bolster Generic Drug Competition: Pharmaceuticals Charged with Illegal Non-Compete for Generic ADHD...

The Federal Trade Commission’s (“FTC” or “Commission”) ever-expanding list of enforcement actions to preserve competition for generic pharmaceuticals just grew in a new direction. This week, two generic pharmaceutical...more

Locke Lord QuickStudy: Duke Hit with Antitrust Suit for Non-Poaching Agreement with UNC

Universities and medical institutions in close geographic proximity may have faced the same issues as Duke and UNC when their faculties started departing for richer positions at the other’s campuses. With ever-increasing...more

Health Update - May 2015

Building a Culture of Health: The Value Proposition of Retail Clinics - Editor’s Note: Since first emerging on the healthcare landscape more than 15 years ago, retail clinics have seen significant growth. There are now...more

Physician Non-Compete Agreements and Antitrust

Antitrust claims based on employee non-compete agreements generally fail because the plaintiff cannot establish antitrust standing. In the Eleventh Circuit, the test for antitrust standing requires the plaintiff show (1)...more

Non-Compete Nonsense: Louisiana Enforces Non-Competes Against Cardiologists (but not Car Dealers)

A recent case out of the Louisiana Court of Appeal reminds us that some states will enforce physician non-compete agreements, even in the absence of a clear protectable interest and even where such enforcement threatens harm...more

Health Care E-Note - March 2015

In This E-Note: - Health Care Reform in America: The Good, The Bad and The Ugly - The Federal False Claims Act - Violations of Conditions of Payment or Conditions of Participation? - State Regulatory...more

NY Attorney General Enters into Far-Reaching Settlement with Largest Credit Reporting Agencies

New York Attorney General Eric Schneiderman recently announced that his office reached a landmark settlement with the nation’s three leading credit reporting agencies (CRAs) that will require them to significantly reform,...more

Provider Competition Matters—Even for “Reference Pricing”

In a recent blog post, three Federal Trade Commission (FTC) economists splashed some cold water on advocates of “reference pricing” that seem to imply that such pricing “will increase competition between providers.” In the...more

Employment Law

California Employers Face Rise In PAGA Suits - Why it matters: California employers are facing a proliferation of suits filed under the State’s Private Attorney General Act (PAGA): new data reveals that the number of...more

Detroit District Court Certifies Antitrust Class of Registered Nurse

What is the right compensation for a particular job? That’s the question virtually every employer must face. Pay too little, and the employer may not be able to fill a position or must settle for less than the best...more

Health Care Legal News - August 7, 2013 • Volume 3, Number 2


Clinically Integrated Networks; The PHOs of the Twenty-First Century?

In This Presentation: - Why Clinically Integrated Networks (CINs) Are Needed? - How Are CINs Similar to PHOs/How They Differ? - What’s In It for Physicians/for Hospitals/Others? - How Are CINs Organized and...more

Federal Trade Commission Announces Interim Final Red Flags Rule

The Federal Trade Commission’s interim final rule, which clarifies that most service providers are not subject to the Red Flags Rule, takes effect February 11, 2013....more

Clearance: Proskauer's Quarterly Antitrust Update - Fall 2012

In This Issue: - Exchange Of Employee Wage Information: What Is Permitted Under The Antitrust Laws? - Minn-Chem Maximizes Sherman Act's Reach - The FTC Goes Retro to Win Down South - 7th Circuit Clarifies...more

FTC Uses Creative Remedy to Halt Cardiology Practice Merger: Requires Suspension of Employed Physicians’ Non- Compete Contracts

The Federal Trade Commission (FTC) is leaving no stone unturned in its scrutiny of physician acquisitions, as indicated by its recent enforcement action regarding the acquisition of a small cardiology group in Reno,...more

Healthcare Legal News - June 21, 2012 • Volume 2, Number 5

In This Issue: - Self-Insurance Sham? One way that employers seek to control health plan costs is by self-insuring the plan. By self-insuring, an employer pays only the cost of claims plus an administrative fee...more

Healthcare Legal News - May 16, 2012 • Volume 2, Number 4

In this issue: - Private Civil Enforcement Actions Increasing: The Ameritox vs. Millennium Lawsuit By L. Pahl Zinn, and Christian G. Ohanian As healthcare and antitrust enforcement by governmental agencies...more

Legal Alert: Court Grants Partial Summary Judgment in Favor of Hospitals in Nurse Wage-Fixing Lawsuit

Executive Summary: On March 22, 2012, a Michigan federal district court granted summary judgment on some, but not all, antitrust claims alleged in a nurse wage-fixing lawsuit against five Detroit-area hospitals....more

Health Care Legal News: February 14, 2012 • Volume 2, Number 2

In this issue: Fiduciary Duties to Employer Can Prevent Competition by Physicians; Impact of Illegality of Payment Arrangement Under Stark Law on Payment for Services Provided by Referring Physician; and As Consolidation...more

Employment Law Commentary - Volume 24, No. 13 - January 2011

In 2010, Congress enacted landmark federal legislation aimed at reforming the health care and financial sectors. Both the Patient Protection and Affordable Care Act of 20102 and the Dodd-Frank Wall Street Reform and Consumer...more

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