Last week, the First Circuit Court of Appeals issued its long-awaited decision in United States v. Regeneron Pharmaceuticals with significant implications for health care companies facing allegations of violations of the...more
On August 9, 2024, the Fifth Circuit issued its decision in United States v. Smith, No. 23-60321, broadly holding: “that the use of geofence warrants … is unconstitutional under the Fourth Amendment.” This categorical holding...more
8/28/2024
/ CO Supreme Court ,
Compliance ,
Data Collection ,
Electronic Devices ,
Electronically Stored Information ,
Fourth Amendment ,
Google ,
Law Enforcement ,
Location Data ,
Search Warrant ,
Unconstitutional Condition ,
Warrants
The Second Circuit Court of Appeals recently issued a decision with significant implications for healthcare companies and providers facing allegations of violations of the Anti-Kickback Statute (AKS), 42 U.S.C. §...more
5/24/2024
/ Anti-Kickback Statute ,
Department of Health and Human Services (HHS) ,
False Claims Act (FCA) ,
Former Employee ,
Health Care Providers ,
Intent ,
Pharmacies ,
Relators ,
Safe Harbors ,
Suppliers ,
Willful Misconduct
As we wrote in a note back in December 2020, the border search exception to the Fourth Amendment is a powerful investigative tool relied on by law enforcement to gather critical physical and digital evidence because it allows...more
11/16/2023
/ Admissible Evidence ,
Border Searches ,
Cell Phones ,
Customs and Border Protection ,
Department of Homeland Security (DHS) ,
Electronically Stored Information ,
FBI ,
Fourth Amendment ,
Judge Rakoff ,
Law Enforcement ,
Precedential Opinion ,
Reasonable Suspicion ,
Split of Authority ,
Travelers ,
Warrantless Searches
The Department of Health and Human Services Office of Inspector General (OIG) recently issued an advisory opinion that explored the limits of a relatively new safe harbor to the federal Anti-Kickback Statute (AKS) that aims...more
The Department of Health and Human Services Office of Inspector General (OIG) recently issued an advisory opinion highlighting two important—if easy to overlook—areas that health care companies and providers should remain...more
The U.S. District Court for the District of Massachusetts recently weighed in on the burgeoning court split in False Claims Act (FCA) cases, adopting an approach that puts a higher burden on the government to prove Medicare...more
When Anming Hu, an engineering professor at the University of Tennessee, Knoxville (“UTK”) was indicted in February 2020 on charges related to his alleged failure to disclose ties to a state-run Chinese university, the case...more
8/6/2021
/ China ,
Colleges ,
Criminal Prosecution ,
Department of Justice (DOJ) ,
Dismissals ,
Foreign Nationals ,
Indictments ,
Intellectual Property Protection ,
Medical Research ,
Mistrial ,
NASA ,
National Institute of Health (NIH) ,
Scientific Research ,
Universities
In recent years, the U.S. Department of Justice has brought an increasing number of cases aimed at combating economic espionage as part of its China Initiative. This effort has included cases against scientific researchers...more
In recent years, the US Department of Justice (DOJ) has brought an increasing number of cases aimed at combating economic espionage as part of its China Initiative. This effort has included cases against scientific...more
The recent news of arrests of university professors for failing to disclose their participation in Chinese talent programs has hit the academic world like a thunderclap. But those surprised by these arrests have failed to...more
On May 2, 2019, a jury sitting in the District of Massachusetts convicted five senior executives of Insys Therapeutics, Inc. (Insys) with racketeering conspiracy in violation of Title 18, United States Code, Section 1962(d)....more
12/2/2019
/ Acquittals ,
Bribery ,
Controlled Substances Act ,
Criminal Conspiracy ,
Criminal Convictions ,
Criminal Prosecution ,
Department of Justice (DOJ) ,
Indictments ,
Motion for Judgment ,
Opioid ,
Pharmaceutical Industry ,
Physicians ,
Racketeering