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
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
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
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
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
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
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 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
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
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
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
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
Unlike our short Update last week, this week’s edition is filled with several important stories....more
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
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
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
We lead off this week’s Update again with a story regarding ongoing regulatory activity in the EU. Enjoy....more
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
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
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
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
This week’s Update features a heavy dose of Airbnb as it celebrates a milestone. Enjoy....more
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
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
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