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HTMLAllegations That Designer Wedding Dress Line Constitutes A Relevant Product Market Found Implausible
Don T. Hibner; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
February 6, 2015, previously published on December 30, 2014
Allegations that a highly specialized designer line of wedding dresses lacks reasonable substitutes fail to support allegations of Sherman Act violations for price fixing and group boycott claims. House of Brides etc., v. Alfred Angelo, Inc., Case No. 1:11-cv-07834 (N.D. Ill., December 4, 2014).

 

HTMLIf They Could Be All You Wanted: The FCC Gets Serious About Small Cells
J. Aaron George, Douglas A. "Drew" Svor, Dave Thomas; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
February 5, 2015, previously published on October 28, 2014
Say what you will about inside-the-Beltway leadership vacuums, political gridlock and the indecipherable output from the grey, grinding gears of our government agencies, but once in a while Washington actually gets it right. Or mostly right.

 

HTMLUpdate: Sandoz and Celltrion Decline the Invitation to Dance: Biosimilars Challenge the Applicability of the BPCIA’s Exchange Provisions Before Bringing Suit
Michelle C. Kim, Peter S. Reichertz; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
February 5, 2015, previously published on December 16, 2014
In our previous blog post of November 11, 2014, we noted that Celltrion had filed a declaratory judgment action against Kennedy Trust for Rheumatology Research for invalidity of certain patents covering methods of treating rheumatoid arthritis. Celltrion Healthcare Co. v. Kennedy Trust for...

 

HTMLNew FDA Draft Guidance on REMS and Bioequivalence Studies: Does New Procedure Secure ANDA Applicants The Right to Obtain Samples?
Peter S. Reichertz, Carrie A. Ross; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
February 5, 2015, previously published on January 5, 2015
Applicants seeking approval of Abbreviated New Drug Applications (ANDAs) in most cases must perform bioequivalence studies comparing their proposed generic product to the innovator drug listed in the Orange Book, called the “Reference Listed Drug” or “RLD”. Issues have...

 

HTMLThe Terrorism Risk Insurance Act (TRIA) Set to Expire Year End
Eric L. Altman; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
January 30, 2015, previously published on December 17, 2014
The Terrorism Risk Insurance Act (TRIA) now appears set to expire as of December 31, 2014, barring further action from Congress. The Terrorism Risk Insurance Program Reauthorization Act of 2014 would have extended the existing terrorism insurance coverage under TRIA. Although the House of...

 

HTMLCMS Defines “Uninsured” for Medicaid DSH Payments But Leaves Impact on Hospital-Specific Payments Undefined
Florence Wang; Sheppard Mullin Richter Hampton LLP;
Legal Alert/Article
January 30, 2015, previously published on December 11, 2014
CMS’ Final Rule, “Medicaid; Disproportionate Share Hospital Payments - Uninsured Definition”, published on December 3, 2014, may offer relief to some hospitals receiving Medicaid disproportionate share hospital (DSH) payments under the Social Security Act. Starting December 31,...

 

HTMLWhat Can You Expect in 2015 Regarding HIPAA Enforcement?
Lynsey Mitchel; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
January 30, 2015, previously published on December 22, 2014
As of earlier this month, 1,170 breaches involving 31 million records have been reported to the Department of Health and Human Services (HHS) since mandated reporting of breaches began in September 2009. An increase in the number of breaches isn’t the only statistic on the rise. Although...

 

HTMLCMS’ Proposed Regulations Include Significant Antitrust Implications For Entities Interested In Forming ACOs
Helen Cho Eckert, David R. Garcia; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
January 30, 2015, previously published on January 5, 2015
The Centers for Medicare & Medicaid Services (CMS) released proposed regulations to clarify and build on current regulatory requirements for Accountable Care Organizations (ACOs) that participate in the Medicare Shared Savings Program (MSSP). Among the changes is one addressing when an ACO must...

 

HTMLEffects of the New Federal Spending Package on the Health Sector
Eric A. Klein, Rachel Landauer; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
January 30, 2015, previously published on December 30, 2014
In mid-December, President Obama signed into law a $1.1 trillion spending bill known as the “Consolidated and Further Continuing Appropriations Act, 2015” or “Cromnibus.” This post explores provisions that relate to the health sector and Affordable Care Act (ACA)...

 

HTMLNation’s Highest Court Schedules Oral Arguments in King v. Burwell
Florence Wang; Sheppard Mullin Richter Hampton LLP;
Legal Alert/Article
January 30, 2015, previously published on December 23, 2014
A Supreme Court of the United States (SCOTUS) spokesperson announced on December 22, 2014, that the Court will hear oral arguments in King v. Burwell on March 4, 2015. This means that not only could the highest court soon resolve the circuit split on the case’s key issue, but that the future...

 


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