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White Collar Watch - September 2013

Contents - FDIC filing more suits against officers and directors of failed financial institutions - Third Circuit upholds 12-year prison sentence for former BigLaw associate - Health care executives...more

D.C. Circuit Affirms HHS Power to Disqualify Corporate Officials Convicted of Misdemeanors Under the "Responsible Corporate...

On July 27, 2012, the U.S. Court of Appeals for the D.C. Circuit issued the long-anticipated decision in Friedman v. Sebelius. Friedman addressed whether the U.S. Department of Health and Human Services (HHS), through its...more

Medical Device Compliance Solutions - May 2012

In This Issue: - Risky Business? Assessing Risks with A Risk Assessment Checklist - Haunting Prose: Ghostwriting and Transparency in Pharmaceutical and Medical Device Publications - 2012 In The Line Of Fire:...more

Legally Operating a Medical Marijuana Business in California

Pursuant to California law, medical marijuana businesses legally are allowed to operate in the state. However, there are conflicts in the laws and confusion about what is and is not permitted. This article provides some...more

Insurance Industry Developments for Spring 2012

In This Issue: - The Reinsurance Industry Needs to Understand and Comply With the FCPA - Federal Health Care Reform and the Supreme Court...more

"Pharma/Device Enforcement: A Year in Review"

We are pleased to provide "Pharma/Device Enforcement: A Year in Review," Skadden's annual look at trends in the sector. This year's edition includes details on 2011 DOJ settlements, FDA enforcement trends, enforcement...more

November 2011: White Collar Update

In This Update: Excerpt from: Food and Drug Regulators Step up Prosecution of Corporate Officers for Misconduct: U.S. regulatory authorities recently have made increasing use of a long dormant doctrine to prosecute...more

The OIG Backs Off Intended Exclusion of Forest Laboratories’ CEO

On August 5, 2011, the Office of the Inspector General, U.S. Department of Health and Human Services (the “OIG”), notified Howard Solomon, the CEO of Forest Laboratories, that the OIG would take no action against him under...more

Health Headlines - March 21, 2011

In This Issue: - Recent Prosecutions Reflect Heightened Focus by Regulators on Individual Liability of Healthcare Executives - HHS Proposes to Allow State Data Mining for Medicaid Fraud - Eleventh Circuit...more

It’s Not Just the Conviction — It’s Also the Consequences

Attention: top executives in the healthcare industry. Take heed, or you could be forced to seek employment in a different industry, as three former top executives at Purdue Pharma recently found out. In May 2007, Purdue...more

Four Things You Need to Know About the OMIG’s Mandatory Compliance Program

Starting in the New Year, it is anticipated the OMIG will start to vigorously enforce its mandate that certain Medicaid providers adopt and implement an “effective compliance program.” Having a so-called paper compliance plan...more

A Cautionary Note: Obstruction of Justice and the General Counsel

Recent criminal obstruction charges lodged against in-house counsel signal a shifting enforcement climate that focuses specifically on individual responsibility for alleged illegal actions on behalf of a corporation. This...more

Foreign Corrupt Practices Act (FCPA) Alert: The DOJ’s FCPA Crackdown on the Pharmaceutical and Medical Devices Industry

The Foreign Corrupt Practices Act (FCPA), first enacted in 1977, prohibits issuers, domestic concerns, and foreign persons acting within the U.S. from corruptly making payments to foreign government officials in exchange for...more

Looking For Fraud in all The Wrong Places By Gregory Naclerio

In the 1974 movie, Return of the Pink Panther, Inspector Jacques Clouseau interrogates a beggar playing an accordion in front of a bank. Clouseau informs the beggar that “City Ordinance 147-B prohibits the playing of any...more

Health Care Enforcement and White Collar Defense Alert: SJC Limits Corporate Criminal Liability

On May 19, 2010, Massachusetts’ Supreme Judicial Court (“SJC”) in a unanimous decision ruled that a nursing home could not be convicted of involuntary manslaughter or criminal neglect of a resident based upon a theory of...more

FDA Recommends Increased Criminal Prosecutions of Responsible Corporate Officials; Important Questions Left Unanswered

The Food and Drug Administration (FDA) has announced its intention to push for an increase in the use of criminal misdemeanor prosecutions of individual “responsible corporate officials.” This change in enforcement policy...more

Criminal Liability of Businesses for Understaffing

In People v Highgate LTC Managemnt LLC, _____AD 3d_______(3rd Dep't., October 22, 2009), the Court held that a Limited Liability Company ("LLC") can be criminally liable and lose its license -- for simply being aware of...more

An Overview of the Foreign Corrupt Practices Act for Healthcare Companies

This article was contributed by ILN member firm Epstein Becker & Green. The globalization of healthcare has resulted in U.S. healthcare companies working with government agencies and government healthcare systems in...more

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