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Lessons On Peer Review For Calif. Hospitals And Physicians

On June 6, 2013, the California Supreme Court ruled unanimously in El-Attar v. Hollywood Presbyterian Medical Center that the delegation of a peer-review matter to the hospital's governing board did not violate a physician's...more

Court Rejects Urologists’ Appeal to Overturn Regulatory Changes to Stark Law

The Stark Law regulations are not without controversy, as an unsuccessful appeal by a group of urologists brought against the Centers for Medicare & Medicaid Services (CMS) illustrates. The Council for Urological Interests, a...more

Sending the Privilege Away: Attorney-Client E-Mails in the Corporate Setting

In a pending False Claims Act (“FCA”) case involving allegations of noncompliance with the federal physician self-referral law (the “Stark Law”), 42 U.S.C. § 1395nn, the United States District Court for the Middle District of...more

Chancery Court Finds Management Services Agreement Key in Establishing Jurisdiction

On August 28, 2012, the Delaware Court of Chancery found that a management services agreement could help establish both personal jurisdiction through a conspiracy to defraud and joint and several liability through an agency...more

Articles in Legal Industry Publications Continue to Qualify as Public Disclosure Under the False Claims Act

A Texas federal judge recently tossed a Federal False Claims Act (FCA) qui tam because the substance of the underlying allegations was previously disclosed in several legal industry publications, U.S. ex rel. Pharma Fraud...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

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

Supreme Court Decides 340b Entities Cannot Sue Pharmaceutical Manufacturers For Noncompliance With Pharmaceutical Pricing...

On March 29, 2011, the Supreme Court of the United States decided Astra USA, Inc. v. Santa Clara County.1 In a unanimous decision, the Court determined that 340B entities, including public hospitals and community health...more

Health Headlines - March 14, 2011

In This Issue: - ACO Regulations Are Finally on the Horizon - CBO Estimates that Defunding Health Reform Will Add $5.7 Billion to the Deficit Over the Next Ten Fiscal Years - CMS Issues GME-Related Corrections...more

Stay of Discovery Under PSLRA Does Not Apply During All Motions to Dismiss

Plaintiff brought a claim for securities fraud against a medical device corporation and certain employees, officers and board members of the corporation. Several defendants (the moving defendants) filed motions to dismiss the...more

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