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Presidential Memorandum Calls for Scrutiny and Fast-Track Repeal of Regulations

President Trump issued a Memorandum on April 6 directing the heads of all executive departments and agencies to identify on a fast-track basis (60 days) certain categories of “unlawful and potentially unlawful” regulations...more

U.S. Supreme Court Appears Ready to Tackle a Major Separation of Powers Issue

This white paper discusses FCC v. Consumers’ Research, a case now set for consideration by the U.S. Supreme Court, along with a review and analysis of the major impact it may have on how and when Congress may permissibly...more

DOJ and FTC Withdraw Guidelines for Collaborations Among Competitors

The Justice Department’s Antitrust Division and the Federal Trade Commission (Agencies) announced on Dec. 11, 2024, that they have withdrawn the Antitrust Guidelines for Collaborations Among Competitors (Guidelines) issued in...more

Intent Required Under the Anti-Kickback Statute: Supreme Court Lets Stand Second Circuit’s Decision in the McKesson Case

On Oct. 7, the U.S. Supreme Court denied a petition for review and let stand a widely watched Second Circuit Court of Appeals decision in which the court ruled that the term “willfully” as used in the Anti-Kickback Statute...more

Challenging the FTC’s Constitutionality in the Aftermath of Jarkesy

The Supreme Court on June 27 issued its opinion in Securities and Exchange Commission v. Jarkesy in which it held that when the SEC seeks civil penalties against a defendant for securities fraud, the Seventh Amendment...more

FTC Abandons Axon Challenge Following Supreme Court Loss

We have previously reported on Axon Enterprise, Inc. v. Federal Trade Commission, 598 U.S. ____, 143 S. Ct. 890 (2023), a case involving the question whether parties seeking to undertake a transaction subject to FTC review...more

U.S. Supreme Court Declines to Clarify Key Provisions of the False Claims and Anti-kickback Statutes

Last week, the U.S. Supreme Court denied the request of qui tam relators that it review the Sixth Circuit’s recent decision in United States of America ex rel. Martin v. Hathaway, No. 22-1463 (6th Cir.). In so doing, the...more

Supreme Court’s Decision in SuperValu May Benefit Defendants in False Claims Act Cases

Last month in United States ex rel. Schutte, et al. v. SuperValu Inc. et al, the Supreme Court unanimously held (with Justice Thomas writing the opinion) that the False Claims Act’s (“FCA”) scienter element refers to a...more

Supreme Court Grants Government Broad Dismissal Rights in Qui Tam Cases

The U.S. Supreme Court, in an 8-1 decision written by Justice Kagan, held on June 16 that the United States (“Government”), having initially chosen not to intervene in a False Claims Act (“FCA”) qui tam case, but having...more

Supreme Court Rules Knowledge and Subjective Belief Are Key for False Claims Act Liability

In a unanimous decision Thrsday, the U.S. Supreme Court, in an opinion written by Justice Thomas, ruled that the False Claims Act’s (“FCA”) scienter element refers to a defendant’s knowledge and subjective beliefs — not to...more

Supreme Court Unanimously Rules in Favor of Axon: Challenges to Constitutionality of FTC Structure/Process May Proceed in Federal...

In previous posts we discussed Axon Enterprise, Inc. v. Federal Trade Commission, a case then being considered by the U.S. Supreme Court involving the question of whether parties seeking to undertake a transaction subject to...more

The Supreme Court Hears Oral Argument in Axon v. FTC

In a prior post, we discussed Axon v. Federal Trade Commission and its core question presented to the U.S. Supreme Court (Court): whether parties seeking to undertake a transaction subject to FTC review and seeking to...more

Challenging the Constitutionality of the FTC’s Fundamental Structure/Processes

Supreme Court to Hear Oral Arguments in Axon Enterprises- With the October 2022 term of the U.S. Supreme Court (“Court”) now underway, health care providers and others in the health care industry contemplating merger and...more

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