King & Spalding

OIG Issues Advisory Opinion Regarding Pharmaceutical Manufacturers’ Program to Provide Free Limited Drugs to Beneficiaries When Insurance Coverage Is Delayed

On August 12, 2015, the Department of Health and Human Services Office of Inspector General (OIG) posted Advisory Opinion No. 15-11, finding that a program to supply a limited amount of free cancer drugs to federal health care…more
| Health, Science, Computers, & Technology

Also In The News - Health Headlines - August 2015 #4

President Obama Signs Outpatient Status Notification Bill On August 6, 2015, President Obama signed the Notice of Observation Treatment and Implication for Care Eligibility (NOTICE) Act. This legislation requires hospitals to…more
| Health

GAO Issues Report on Medicaid Prescription Drug Fraud Controls

In July 2015, the U.S. Government Accountability Office (GAO) issued a report concerning Medicaid pharmacy-related program integrity efforts. GAO explained that this review was pursued due to the substantial amount of funds…more
| Health

Unprecedented Hacking and Trading Scheme Highlights Important Cybersecurity Lessons - OJ and SEC charge hackers and traders after exposing scheme to steal and profit from unpublished market-moving press releases.

On August 11, 2015, federal prosecutors in the District of New Jersey and the Eastern District of New York unsealed indictments against nine individuals in the United States and Ukraine who were allegedly involved in a…more
| Criminal Law, Finance & Banking, International Law & Trade, Science, Computers, & Technology, Securities Law

OIG Issues Two Favorable Advisory Opinions

OIG recently issued two favorable advisory opinions. On August 12, 2015, OIG approved a program that provides a free cancer drug approved under the FDA’s Breakthrough Therapy Designation to patients who meet certain criteria…more
| Health, Science, Computers, & Technology

Recent Decisions Illustrate Disagreement Among U.S. Courts in Enforcing ICSID Awards

I. Introduction - The Convention on the Settlement of Investment Disputes between States and Nationals of Other States (the “ICSID Convention”) has become a critical mechanism for the settlement of investor-State disputes…more
| Civil Procedure, Civil Remedies, International Law & Trade

Also In The News - Health Headlines - August 2015 #3

Review of 340B Program Omnibus Guidelines Extended – Last week, the White House Office of Management and Budget (OMB) posted that the review of the 340B Program Omnibus Guidelines had been extended. The Health Resources and…more
| Health, Science, Computers, & Technology

U.S. Business Groups Urge Obama Administration To Address Chinese Cybersecurity Rules

On August 11, 2015, a group of 19 U.S. business groups, including the U.S. Chamber of Commerce and the US-China Business Council, sent a letter to President Barack Obama urging him to push China to change its cybersecurity…more
| Antitrust & Trade Regulation, Elections & Politics, International Law & Trade, Privacy, Science, Computers, & Technology

FTC Issues Statement on “Unfair Methods of Competition” Prohibited by Section 5 of the FTC Act

On August 13, 2015, the Federal Trade Commission (FTC) issued its “Statement of Enforcement Principles” (the “Statement”) regarding how it would interpret Section 5 of the FTC Act (Section 5), a statute that prohibits, among…more
| Antitrust & Trade Regulation, Commercial Law & Contracts, Consumer Protection

SEC Brings Heightened Scrutiny to the Real Estate Fund Industry

The Securities and Exchange Commission (SEC) has expanded its focus on private equity funds to ancillary asset classes, including specifically private equity real estate funds, with its Private Funds Unit (“PFU”) undertaking a…more
| Finance & Banking, Real Estate - Residential, Securities Law

DOJ Announces First Settlement Based on Failure to Investigate Credit Balances

On August 3, 2015, the Department of Justice (DOJ) announced a $6.88 million settlement with a home health company, noting that this “is the first settlement under the False Claims Act involving a health care provider’s failure…more
| Administrative Law, Government Contracting, Health

How Private Is Your Non-Public Information? Hackers And Traders Implicated In Criminal And Civil Suits In Hacking Securities Fraud Scheme

According to a press release issued by the U.S. Attorney’s Office for the District of New Jersey, the U.S. Department of Justice (“DOJ”) unsealed two indictments on August 11, 2015 that bring charges against a network of…more
| Business Organizations, Criminal Law, Finance & Banking, Securities Law

Federal District Court Interprets 60-Day Overpayment Rule Trigger

In an eagerly anticipated decision issued on August 3, 2015, in an order denying the defendant hospitals’ motion to dismiss, the Southern District of New York became the first court to interpret and define the extent of a…more
| Civil Procedure, Government Contracting, Health

Also In The News - Health Headlines - August 2015 #2

House Report Highlights Cybersecurity Concerns At The Department Of Health and Human Services – The U.S. House of Representatives Committee on Energy and Commerce released a report revealing that five operating divisions at the…more
| Administrative Law, Elections & Politics, Health, Privacy, Science, Computers, & Technology

Viewpoints - Issue 22 - The Board's Role in Corporate Strategy

The board's role in corporate strategy - Members of the Lead Director Network (LDN) convened in New York on June 30 to discuss the development and oversight of corporate strategy. This ViewPoints addresses the ways board…more
| Business Organizations, Securities Law
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1180 Peachtree Street NE
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  • 404 572 4600
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