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HTML$195 Million Awarded for Failure to Negotiate in Good Faith; PharmAthene, Inc. v. SIGA Technologies, Inc.
David A. Charapp; Duane Morris LLP;
Legal Alert/Article
March 18, 2015, previously published on February 9, 2015
In 2011, I wrote about the PharmAthene, Inc. v. SIGA Technologies, Inc. case, in which the Delaware Chancery Court found that SIGA Technology Inc. failed to negotiate in good faith with PharmAthene, Inc. for the grant of a license to SIGA’s smallpox drug known as ST-246. This case provided an...

 

HTMLPennsylvania Could Enact Medical Marijuana Legislation In 2015
Seth A. Goldberg; Duane Morris LLP;
Legal Alert/Article
March 13, 2015, previously published on January 28, 2015
On January 26, 2015, in a bipartisan effort, Pennsylvania senators Mike Folmer (R) and Daylin Leach (D) reintroduced to the General Assembly of Pennsylvania a bill (Senate Bill No. 3) providing for the medical use of cannabis in the Commonwealth of Pennsylvania. Senate Bill No. 3 comprises a...

 

HTMLHealth Care Workers May Think Twice Before Becoming a Relator
Amy E. McCracken; Duane Morris LLP;
Legal Alert/Article
March 13, 2015, previously published on January 29, 2015
The Federal False Claims Act (and many similar state false claims acts) allow an individual-called a "relator"-to file a lawsuit on behalf of the United States Government. If successful, the relator stands to collect a portion of the amount collected. Since the False Claims Act provides...

 

HTMLCan you receive a term of life imprisonment for forcing someone to accompany you to a different room in their own house?: Justice Scalia and a unanimous Supreme Court say “yes” in Whitfield v. United States of America, (though to be fair, I should note that Mr. Whitfield had just tried to rob a bank).
Eric R. Breslin; Duane Morris LLP;
Legal Alert/Article
March 13, 2015, previously published on January 14, 2015
18 U.S.C. 2113 (e) has a long and venerable history, even by the storied standards of the federal criminal code. It was originally enacted in 1934 in response to "an outbreak of bank robberies committed by John Dillinger and others" Carter v. United States of America, 530 U.S. 255, 280...

 

HTMLInsurance Coverage for Damaged NYC Tower Crane
Stanley A. Martin; Duane Morris LLP;
Legal Alert/Article
March 13, 2015, previously published on January 26, 2015
Readers will recall photos of a tower crane damaged by Hurricane Sandy. Construction of the NYC high-rise building known as One57 was underway when the crane was lashed by hurricane-force winds. The crane jib was apparently blown backwards, and ended up dangling over the counterweight almost 1,000...

 

HTMLACOs are More Important Than Ever for LTC Facilities
Amy E. McCracken; Duane Morris LLP;
Legal Alert/Article
March 13, 2015, previously published on January 27, 2015
On January 26, 2015, the United States Department of Health & Human Services (HHS) announced its timeline for shifting Medicare reimbursements from volume-based criteria to value-based criteria. HHS has adopted a framework that categorizes health care payments according to how providers receive...

 

HTMLFees and Costs Awarded to False Claims Act Defendant
Seth A. Goldberg; Duane Morris LLP;
Legal Alert/Article
March 13, 2015, previously published on January 9, 2015
A recent decision in the U.S. District Court for the Southern District of New York provides fair warning to qui tam relators who assert erroneous claims under the False Claims Act ("FCA") that they could be hit with legal fees and expenses pursuant to 31 U.S.C. § 3730, which permits...

 

HTMLAntipsychotic Drug Use Can Lower Nursing Home's Five-Star Rating
Amy E. McCracken; Duane Morris LLP;
Legal Alert/Article
March 13, 2015, previously published on January 9, 2015
The Centers for Medicare & Medicaid Services (CMS) is continuing its efforts to reduce the national prevalence of antipsychotic drug use in long-stay nursing home residents. Its initial goal of a 15.1% reduction in antipsychotic drug use was met, so CMS now seeks to reduce antipsychotic drugs...

 

HTMLReal Estate Tax Exemption Issue Muddied Again
Philip H. Lebowitz; Duane Morris LLP;
Legal Alert/Article
March 13, 2015, previously published on January 10, 2015
On December 23, 2014, the Commonwealth Court of Pennsylvania logged another frustrating mile down the confused and confusing road of property tax exemption for purely public charities. In Fayette Resources, Inc. v. Fayette County Board of Assessment Appeals, the Court overturned a lower court...

 

HTMLNew CMS Payment Policy Will Negatively impact Healthcare Investors
C. Mitchell Goldman; Duane Morris LLP;
Legal Alert/Article
March 13, 2015, previously published on January 29, 2015
I have been concerned about the difficulty of projecting revenue and determining valuations for new and existing healthcare companies based on risk based reimbursement models. My fears have not been allayed. Rather, they have been confirmed.

 


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