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|Insurers Singing the Blues After District Court Denies Motion to Dismiss in Lawsuit Accusing Blue Cross/Blue Shield of Conspiring to Limit Competition|
Robert B. Craig; Taft Stettinius & Hollister LLP;
July 8, 2014, previously published on June 27, 2014The multidistrict class action litigation challenging an alleged horizontal market allocation by Blue Cross/Blue Shield Association and nearly 40 Blue Cross/Blue Shield Plans around the country will proceed to discovery after a federal judge in Alabama recently denied the defendants’ motion...
|FDA Releases Guidance for Industry on ANDAs: Stability Testing of Drug Substances and Products, Questions and Answers|
Duane Morris LLP;
July 8, 2014, previously published on June 20, 2014The U.S. Food and Drug Administration (FDA) recently published a new Guidance for Industry, titled ANDAs: Stability Testing of Drug Substances and Products, Questions and Answers, which provides answers to questions from public comments received on the draft Guidance for Industry on ANDAs:...
|Supreme Court Rules Closely Held Companies Not Subject to Contraceptive Coverage Mandate of Health Care Reform Law|
Jackson Lewis P.C.;
July 8, 2014, previously published on June 30, 2014In a highly publicized decision, the Supreme Court, 5-4, has ruled that closely held corporations cannot be required to provide contraceptive coverage as mandated by the Affordable Care Act (ACA). Burwell v. Hobby Lobby Stores, Inc., et al., No. 13-354 (June 30, 2014) (together with Conestoga Wood...
|USPTO Extends Deadline to Comment on Subject Matter Eligibility Analysis|
Antoinette F. Konski; Foley & Lardner LLP;
July 7, 2014, previously published on June 26, 2014Yesterday at BIO’s session entitled “Patent-Eligibility from the Trenches: Practical Implications of the Supreme Court’s Prometheus (Mayo) and Myriad Decisions” a panel of experts and an engaged audience discussed the controversial USPTO “Guidance for Determining...
|OIG Warns of Anti-kickback Statute Violations in Laboratory Payments to Referring Physicians|
McDonald Hopkins LLC;
July 4, 2014, previously published on June 30, 2014On June 25, 2014, the Office of Inspector General (OIG) issued a special fraud alert entitled “Laboratory Payments to Referring Physicians” which deals specifically with laboratories paying compensation to physicians and group practices for blood specimen collection, processing and...
|A “Virtual Merger” is Underway between Chicago-Area Alexian Brothers Health System and Adventist Midwest Health|
Eric A. Klein; Sheppard, Mullin, Richter & Hampton LLP;
July 4, 2014, previously published on June 25, 2014Chicago-area Alexian Brothers Health System and Adventist Midwest Health signed a non-binding letter of intent to form a joint operating company, a collaboration commonly referred to as a virtual merger. As Alexian brings five hospitals to the agreement and Adventist brings four, the health systems...
|First-Half Activity Energizes US Capital Markets in 2014|
David J. Goldschmidt, Stacy J. Kanter, Phyllis G. Korff, Michael J. Zeidel; Skadden, Arps, Slate, Meagher & Flom LLP;
July 3, 2014, previously published on June 26, 2014The U.S. equity and debt markets experienced a strong first half of the year. In the first quarter, the U.S. IPO market was the busiest since 2000, more than doubling the number of IPOs from the same period last year. The second quarter was nearly as active, bringing the year-to-date total to 134...
|Is the DOJ FCPA Enforcement Hegemony Dead?|
Alexandra M. Gorman, Michael K. Loucks; Skadden, Arps, Slate, Meagher & Flom LLP;
July 3, 2014, previously published on June 26, 2014For nearly 15 years, the United States has had the worldwide corruption enforcement stage to itself, reaping billions of dollars in fines and settlement payments from companies that have acknowledged engaging in bribery in foreign countries. That monopoly, however, may soon end. In a report...
|An Update from the Federal Trade Commission|
Helen J. Kim, Bruce D. Sokler; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
July 2, 2014, previously published on June 24, 2014The interplay between the Affordable Care Act (ACA), Accountable Care Organizations (ACOs), and antitrust has been a matter of great moment for several years. It has been an issue in litigation such as the Federal Trade Commission’s (FTC) St. Luke’s case. Recently, in a conference,...
|Time Running Out to File Comments on OIG Proposed Rulemaking That Gives OIG Limitless Time to Exclude Providers|
Laura F. Laemmle-Weidenfeld, Heather M. O'Shea, Stephen G. Sozio, Heidi Ann Wendel; Jones Day;
July 1, 2014, previously published on June 24, 2014Statutes of limitation serve an essential purpose in ensuring that claims are timely pursued before evidence becomes stale, and that parties can manage their affairs without a cloud of potential liability hanging over them indefinitely. These purposes apply with particular force in the context of...