Latest Publications

Share:

Department of Justice Announces Criminal Prosecution Protection for Voluntary Self-Disclosures Related to Mergers & Acquisitions

The Department of Justice continues to incentivize companies to engage in conduct that proactively demonstrates a commitment to operate in compliance with applicable laws and regulations. Building on the implementation of...more

Sixth Circuit Joins Eighth Circuit and Widens Circuit Split by Requiring "But-For" Causation in Some Anti-Kickback Cases

In a much-welcomed step by the defense bar, on March 28, 2023, the United States Court of Appeals for the Sixth Circuit became the second federal appellate court to hold that "resulting from" under the 2010 amendment to the...more

Healthcare Entities Take Notice: DOJ Antitrust Division and HHS-OIG Look to Cooperate More on Antitrust Enforcement in Health Care

On December 9, 2022, the U.S. Department of Justice's Antitrust Division and the Office of Inspector General of the U.S. Department of Health and Human Services (HHS-OIG) entered into a Memorandum of Understanding (MOU)...more

Health Care Companies Can Mitigate Risks by Ensuring Compliance Effectiveness Based on Recent Department of Justice Criminal...

The Department of Justice (DOJ) recently recently made revisions to its corporate criminal enforcement policies that provide useful insights to corporations and their executives regarding establishing policies and procedures...more

Eighth Circuit Breaks from Third Circuit, Requiring the Government to Prove "But-For" Causation in Some Anti-Kickback Cases

On July 26, 2022, the United States Court of Appeals for the Eighth Circuit held that "resulting from" under the 2010 amendment to the Anti-Kickback Statute (AKS)1 requires the government to prove that "but-for" the illegal...more

Lab Owners Beware – Conflicting EKRA Opinions Muddy the Landscape on Payments for Physicians' Test Referrals

The Eliminating Kickbacks in Recovery Act (EKRA), a law that became effective in October 2018, extended federal kickback prohibitions to services provided by recovery homes, clinical treatment facilities, and laboratories...more

DOJ Cracks Down on Alleged Wage Fixing and No Poach Agreements

On January 28, 2022, the U.S. Department of Justice (DOJ) announced its indictment of four owners or managers of home health care agencies for allegedly violating federal antitrust laws by conspiring to fix the rates paid to...more

Five Key Elements to Consider for Remote Hearings

Over the course of 31 days from September 9 to December 2, I participated in a complex and document-intensive contested case hearing before an administrative law judge – entirely by WebEx. Seven lawyers represented the 26...more

State and Local Enforcement of Executive Orders on the Rise as Businesses Reopen Across America: Be Prepared to Respond

Introduction - In the challenging world of COVID-19, state executive orders governing day-to-day business operations across industries have become commonplace. While traditional investigations may have slowed as regulators...more

9 Results
 / 
View per page
Page: of 1

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide