Read Civil Remedies updates, alerts, news, and legal analysis from leading lawyers and law firms:
Arbitration - An Alternative to Litigation for Dispute Resolution
Elmo Sex Scandal: More Accusers May Come Forward, Says Lawyer
Newtown Shootings Could Give Rise to More Litigation, Says Pinsky
Whalen: Go Back To The Future To Fight Fraud With Equity Receivers
On April 15, 2013, the United States Supreme Court denied a petition for certiorari brought by GlaxoSmithKline (“Glaxo”) seeking review of a Third Circuit decision in favor of Humana Medical Plan (“Humana”), as a Medicare...more
Following the ever-growing progeny of cases holding that Medicare conditions of participation do not give rise to False Claims Act (FCA) liability, the United States Court of Appeals for the Sixth Circuit overturned an $11...more
Although the landscape of the Federal Food Drug and Cosmetic Act (FDCA) preemption of private Surgeon General class action claims continues to shift under our feet in California, first with POM and recently with this case,...more
In yet another large recovery for the DOJ, on December 6, 2012, DFB Pharmaceuticals, and its subsidiary, Healthpoint Ltd., agreed as part of a settlement to pay up to $48 million to resolve allegations that Healthpoint caused...more
On January 2, 2013, the U.S. Department of Health and Human Services ("HHS") settled its first case involving the unauthorized disclosure of the electronic protected health information ("ePHI") of fewer than 500 individuals....more
OCR started 2013 with a bang by announcing that it had reached “the first settlement involving a breach of unprotected electronic protected health information (ePHI) affecting fewer than 500 individuals” with the Hospice of...more
In what is best understood as a follow-up to both the recent settlement with MEEI and the release of its mobile device security guidance, HHS OCR recently released details of a settlement reached with the Hospice of Northern...more
In February, we alerted you to the first HIPAA enforcement action taken against a business associate. The action was pursued by the Minnesota Attorney General against Accretive Health, a service provider that was involved in...more
The U.S. Department of Health and Human Services Office of Civil Rights (OCR) has announced the first HIPAA enforcement action OCR has taken against a State agency, and the resolution agreement and related corrective action...more
Do you, as a laboratory compliance officer, want to spare your employer the disruption, expense, and burden of a government enforcement action? The answer, of course, is “yes.” The most effective and efficient way of doing so...more
DEA’s recent position against a national pharmacy chain and a wholesale distributor expands the proactive monitoring and auditing requirements for pharmacies and wholesale distributors to include site visits and possibly...more
The new Director of the HHS Office of Civil Rights (“OCR”) has promised to continue the agency’s trend towards greater HIPAA enforcement, but, following a data breach, OCR may not be a provider’s or contractor’s only concern....more
This article describes new protections for employees and new challenges for employers (including specific things to do and not to do) under the Genetic Information Nondiscrimination Act....more
Covered Entities Have No Right to Sue Manufacturers to Enforce Pricing Agreements; HHS Retains Exclusive Authority Over the Drug Discount Program In a unanimous opinion, the Supreme Court last week held that 340B covered...more
This article provides a summary of the U.S. Department of Health and Human Services proposed final rule regarding privacy and security of personal health information and the substantial fines recently levied against companies...more
On January 19, 2012, Minnesota Attorney General Lori Swanson exercised her authority under the HITECH Act by filing a lawsuit against a business associate for the failure to protect protected health information (PHI) and for...more
Senate Amendment Could End "Digital Strip Searches" Senator Udall (D-NM) has introduced a Senate Amendment 51 that would require the Transportation Security Administration to install "Automatic Target Recognition" software...more
EPIC Files FOIA Suit to Force Disclosure of Body Scanner Radiation Risks EPIC has filed a Freedom of Information Act lawsuit against the Department of Homeland Security, seeking records concerning radiation emissions and...more
EFF urged the United States Supreme Court to uphold an appeals court decision that blocks invasive and unnecessary background checks at the National Aeronautics and Space Administration (NASA), arguing that the...more
Yesterday, EPIC filed a Freedom of Information Act request with the Department of Homeland Security for studies conducted by the agency and third parties concerning radiation and health testing of body scanners. The EPIC...more
IN THIS ISSUE: *Sebelius Faces Senate Confirmation Hearings but Confirmation Vote Is Weeks Away *CMS Releases Final 2010 Call Letter for MA Organizations and Part D Sponsors *California Federal Court Retains Injunction...more
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