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|FTC Looks to Accelerate Oncology Drug Growth by Requiring Novartis to Divest Two Protein Inhibitors in Its Clinical Development Pipeline|
Timothy J. Slattery, Bruce D. Sokler; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
March 27, 2015, previously published on February 27, 2015The Federal Trade Commission (“FTC”) on Monday completed its review of Novartis AG’s (“Novartis”) proposed $16 billion acquisition of GlaxoSmithKline’s (“GSK”) oncology drug portfolio with an announced consent decree that requires limited divestitures...
|No Active State Supervision, No Antitrust Immunity for North Carolina State Dental Board|
Helen J. Kim, Bruce D. Sokler; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
March 27, 2015, previously published on February 26, 2015On February 25, 2015, in a 6-3 decision authored by Justice Kennedy, the Supreme Court upheld the Federal Trade Commission’s (FTC) decision finding that the North Carolina Board of Dental Examiners (Board), although a state agency, was not exempt from federal antitrust laws when it sent 47...
|Federal Appellate Court Ruling Sounds the Liability Alarm for Officers and Directors of Struggling Health Care Providers - Both Non-Profit and For-Profit|
Ingrid Bagby, Erik Graham-Smith, Pamela Landman, Brian T. McGovern; Cadwalader, Wickersham & Taft LLP;
March 26, 2015, previously published on March 5, 2015Last month, the United States Court of Appeals for the Third Circuit issued an important, 28-page opinion that confirmed a jury verdict, holding former officers and directors of a not-for-profit health care provider in bankruptcy, jointly and severally liable to the facility’s creditors - in...
|Round and Round and Round She Goes, and Where She Lands, Nobody Knows: The Future of Obamacare and Why King v. Burwell Matters - A Five-Part Series |
Matthew J. Goldman, Lauren Lee Tarantello, Ken Yood; Sheppard, Mullin, Richter & Hampton LLP;
March 25, 2015, previously published on March 9, 2015Last week, on Wednesday, March 4, the U.S. Supreme Court heard oral argument in the highly publicized case of King. v. Burwell-a lawsuit challenging the Affordable Care Act or “Obamacare” based upon what many would call the most pernicious of statutory problems - poor drafting.
|Unions Unleash Safety Attacks on Fast Food Restaurants|
Howard A. Mavity; Fisher & Phillips LLP;
March 25, 2015, previously published on March 17, 2015Yesterday was one of those occasions when I wish that my predictions had been inaccurate. I have speculated that the SEIU and other unions harassing fast food restaurants would eventually add mass OSHA complaints to their joint employer, discrimination, living wage, and other attacks. Yesterday,...
|States with Medical Marijuana See Falling Opioid Death Rate|
Stephen J. Burg; Burg Simpson Eldredge Hersh & Jardine, P.C.;
March 25, 2015, previously published on January 23, 2015Researchers from the University of Pennsylvania and Philadelphia Veterans Affairs Medical Center discovered the number of opioid overdoses decreased overtime in states with legalized marijuana.
|HHS Launches New Payment and Delivery Model to Improve Oncology Care|
Eric A. Klein, Rachel Landauer; Sheppard, Mullin, Richter & Hampton LLP;
March 25, 2015, previously published on February 25, 2015Cancer care is notoriously complex, intensive and costly. With more than 1.6 million people diagnosed with cancer each year, there is a strong impetus towards reforming service delivery. Accordingly, the U.S. Department of Health and Human Services is launching a new payment and care delivery model...
|CMS Announces New Next Generation ACO Model|
Michaela ("Kayla") Tabela; Edwards Wildman Palmer LLP;
March 25, 2015, previously published on March 20, 2015On March 10, 2015, the Centers for Medicare & Medicaid Services (“CMS”) announced a new Next Generation ACO Model for Medicare accountable care organizations or “ACOs.” This proposal further expands the shared risk models already established under the Medicare Shared...
|Supreme Court Limits Antitrust Immunity for Certain State Agencies|
Robert B. Craig, Aaron M. Herzig; Taft Stettinius & Hollister LLP;
March 25, 2015, previously published on March 2, 2015Last week, the United States Supreme Court issued an opinion that will have a broad impact on how states regulate professions through agencies and licensing boards. In North Carolina State Board of Dental Examiners v. FTC, No. 13-534, 574 U.S. &under;&under; (2015), the court ruled that the...
|On the Eve of Oral Arguments before the U.S. Supreme Court in King v. Burwell: Obamacare in the Balance |
Ken Yood; Sheppard, Mullin, Richter & Hampton LLP;
March 25, 2015, previously published on March 2, 2015As every healthcare geek and Supreme Court wonk will tell you, on March 4, the U.S. Supreme Court will hear oral argument in King v. Burwell (an amalgamation of four cases - King v. Burwell, Halbig v. Burwell, Pruitt v. Burwell, and Indiana v. IRS). As the latest attack on the Affordable Care Act...