News & Analysis as of

Discount Pricing

Wiley Rein LLP

FCC to Wind Down the Affordable Connectivity Program Unless Congress Acts Soon

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In an Order released by the Federal Communications Commission’s (FCC) Wireline Competition Bureau (Bureau) on January 11, 2024, the agency announced plans and guidance for winding down the Affordable Connectivity Program...more

BakerHostetler

AD-ttorneys@law - September 2023

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Room Rental Site Sued Over Chimerical Reviews and Listings - FTC keeps promise to ramp up negative attention on false positives - Ghosted - Remember the first time you hunted for your own apartment? The anguish of...more

Goodwin

The Supreme Court Holds that the False Claims Act’s Scienter Element Turns on Defendant’s Subjective Beliefs, Rejecting Seventh...

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The Supreme Court recently issued a significant decision clarifying what it means to “knowingly” submit a false claim under the False Claims Act. At issue in United States ex rel. Schutte v. SuperValu Inc. were allegations...more

Barnea Jaffa Lande & Co.

Intricacies of SAFEs (Simple Agreement for Future Equity)

Barnea Jaffa Lande & Co. on

A SAFE is designed to be short and straightforward. In essence, the investor provides cash now against a promise to receive shares in the future. The challenges of negotiating full transaction documents, including agreement...more

McDermott Will & Emery

[Webinar] 340B ESP AND HIPAA COMPLIANCE - December 6th, 12:00 pm - 1:00 pm EST

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Many pharmaceutical manufacturers currently require 340B covered entities to provide de-identified pharmacy claims data for dispensed 340B drugs to a third party, 340B ESP, as a condition of receiving discounts under the 340B...more

K&L Gates LLP

Ensure Your Discount Communications are Compliant Before You Hop on the Sales Season Omnibus!

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As “Holiday Season” is increasingly synonymous with “Sales Season”, and with many sales already in full swing (Black Friday in particular), brands and traders should make sure that their discounting campaigns are compliant...more

Arnall Golden Gregory LLP

Government Investigations Team Insights - February 2022

AGG’s Government Investigations Team Insights provides periodic updates covering legal and regulatory topics.  In this edition, we analyze a recent Eleventh Circuit decision addressing False Claims Act penalties and the...more

Jenner & Block

Access-A-Ride Paratransit Users Sue the New York MTA for Equal Fare Discounts

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Jenner & Block is helping five individuals with disabilities who use New York City paratransit services file a class action lawsuit to end discrimination that excludes them from transit fare discounts....more

Arnall Golden Gregory LLP

OIG’s First Advisory Opinion of 2022 Allows for Expansion of Discount Programs

On January 19, 2022, the Department of Health and Human Services, Office of Inspector General (“OIG”) released a favorable advisory opinion, OIG Advisory Opinion No. 22-01 (the “Opinion”), analyzing a proposed expansion of...more

Mintz - Health Care Viewpoints

OIG Approves Online Retailer’s Discount Program

On January 19, 2022, the Office of Inspector General for the Department of Health and Human Services (OIG) issued a favorable Advisory Opinion regarding an online retailer’s proposal to make its discount programs available to...more

Proskauer - Health Care Law Brief

False Claims Act Spotlight (3 of 3): Changing Landscape of the FCA in the Courts

On August 12, 2021, a panel of the Seventh Circuit voting 2-1 endorsed the existence of an “objective reasonableness” defense under the FCA. United States ex rel. Schutte v. SuperValu, Inc., No. 11-cv-3290, 2021 WL 3560894...more

ArentFox Schiff

Supreme Court To Hear Case Impacting Medicare Reimbursement for 340B Drugs

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The United States Supreme Court has agreed to hear a case that has a direct impact on the 340B Drug Discount Program (the 340B Program) and how Medicare will reimburse hospitals for dispensing of 340B covered drugs, as well...more

Foster Garvey PC

Online Travel Update: Booking.com announces new cancellation and deposit policies; Expedia offers discount rates to all of its...

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Unlike our short Update last week, this week’s edition is filled with several important stories....more

Sheppard Mullin Richter & Hampton LLP

Maneuvers on the 340B Drug Pricing Program Battlefield: Duplicate Discounts and Contract Pharmacies

In a December 12, 2017 Advisory Board article, “The 340B drug pricing controversy, explained,” Scott Orwig wrote, “the 340B Drug Pricing Program is one of the most contentious issues in health care: Its critics say it ‘hurts...more

Seyfarth Shaw LLP

President Trump Orders HHS to Rescind Discount Safe Harbor for PBMs, but Questions Remain

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Prescription drug prices are one of the biggest drivers of rising health care costs. To address this issue, the Trump administration issued its Executive Order on Lowering Prices for Patients by Eliminating Kickbacks to...more

Baker Donelson

OIG Approves Discount Medical Plan Arrangement with Chiropractors in Advisory Opinion 20-03

Baker Donelson on

In Advisory Opinion 20-03, published July 1, 2020, the Office of Inspector General (OIG) approved an arrangement in which a discount medical plan organization (DMPO) that receives annual membership fees from its members also...more

Foster Garvey PC

OTA & Travel Distribution Update: European Commission finalizes its multi-year pricing probe into Meliá Hotels and tour operators;...

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We lead off this week’s Update again with a story regarding ongoing regulatory activity in the EU. Enjoy....more

BCLP

CCPA Privacy FAQs: Is a business prohibited from giving discounts to loyalty program members?

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No. The CCPA prohibits a business from charging different “prices or rates” or offering “discounts, or other benefits” based upon whether a consumer “exercised any of the consumer’s rights” under the Act. The Act does not...more

ArentFox Schiff

Mind the Gap: Retail Pricing Remains Hot Topic in Class Action Litigation

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The Gap, Inc. recently settled a class action lawsuit alleging that the retailer employed a misleading pricing scheme in The Gap and Banana Republic outlets and factory stores. The plaintiffs claimed that the company, which...more

Manatt, Phelps & Phillips, LLP

False Sale Prices Result in Real $6M Settlement

General Nutrition Centers (GNC) agreed to pay $6 million to settle a class action accusing the national retailer of promoting “phantom markdowns” on its website....more

Manatt, Phelps & Phillips, LLP

Class Action Challenges Retailer’s Sale Email, Pricing Model

A Washington resident has filed suit against children’s clothing retailer Carter’s over an email touting a sale price that she alleges was false and deceptive....more

Foster Garvey PC

OTA & Travel Distribution Update: Lufthansa partners with AI-powered predictive platform; Priceline corners military market;...

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This week’s Update features a heavy dose of Airbnb as it celebrates a milestone. Enjoy....more

Foster Garvey PC

OTA & Travel Distribution Update: Mistakenly discounted rates a regular occurrence; Report discloses rampant disclosure of...

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Mistakenly Discounted Rates a Regular Occurrence - ("$16,000 first class seats sold for $675. Errors like these are more common than you’d think," Vox, January 4, 2019) Details emerged this past week about Cathay...more

Kilpatrick

Ninth Circuit – a UCL plaintiff must prove “value received” when purchased product has some value

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In a recent unpublished opinion, a panel of the Ninth Circuit Court of Appeals reinforced the principle that obtaining restitution for violation of California’s major consumer protection statutes can be a near impossible...more

Proskauer - Advertising Law

Ninth Circuit Puts Restitution Claims to Rest in Discount Advertising Case

The Ninth Circuit recently addressed once again the common practice in outlet stores and other retail establishments of juxtaposing the price at which a fashion item is offered for sale with a higher price advertised as a...more

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