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Documents on Antitrust & Trade Regulation, Health Care, Insurance
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|Jury Finds for Drug Manufacturers in First Post-Actavis "Reverse Payment" Trial|
Jonathan Berman, Benjamin H. Cheng, Aimee E. DeFilippo, Kevin D. McDonald; Jones Day;
December 16, 2014, previously published on December 2014In the first "reverse payment" trial since the U.S. Supreme Court’s Actavis decision held that "reverse payment" settlements potentially could be found anticompetitive under a rule of reason analysis, a federal jury in Massachusetts has returned a verdict in favor of the...
|FDA Voices Privacy Concerns and Promotes Medical Device Cybersecurity with New Guidance, Collaborative Information-Sharing|
Laurie A. Clarke, Alexis Slagle Gilroy, Colleen Heisey, Kevin D. Lyles, Mauricio F. Paez; Jones Day;
December 16, 2014, previously published on November 2014Cybersecurity of medical devices poses unique challenges for industry and regulators, because of potential risks in device malfunction, disruption of medical care, and compromised patient data, as well as the challenge of balancing countervailing needs, such as patient safety and ensuring that...
|Will Evaporated Cane Juice Be Sweet for Class Action Plaintiffs?|
Mark Mansour, Stephanie L. Resnik, Emily K. Strunk; Jones Day;
December 10, 2014, previously published on November 2014The past few years have seen a remarkable growth in the number of class actions directed at food labels. Noteworthy about these cases is not merely how many have been filed but their nature as well. There's nothing novel about alleging that a product label (including a food label) is false or...
|OIG Proposes New Anti-Kickback Law and CMP Safe Harbors|
Robert P. Charrow, Francis J. Serbaroli; Greenberg Traurig, LLP;
November 28, 2014, previously published on November 10, 2014Whenever the Office of Inspector General (OIG) of the Department of Health and Human Services (HHS) issues proposed regulations regarding exceptions to the Anti-Kickback Statute (AKS), and the Civil Monetary Penalty (CMP) provisions of the Social Security Act, it’s news. When the OIG proposes...
|"Right to Try" Becomes a Reality in Michigan|
Jennifer B. Van Regenmorter; Foster, Swift, Collins & Smith, P.C.;
November 28, 2014, previously published on November 13, 2014On Friday, October 17, Governor Rick Snyder signed the Right to Try Act, which allows patients to try experimental drugs and other treatments before they have been approved by the Food and Drug Administration (FDA). The law gives patients with advanced illnesses access to drugs that successfully...
|Antitrust Alert: U.S. Federal Court Provides Guidance on Treating Joint Ventures as a "Single Entity" for Antitrust Purposes|
Thomas Demitrack, Kathryn M. Fenton, Peter A. Julian, Toby G. Singer; Jones Day;
November 12, 2014, previously published on October 2014The United States District Court for the Southern District of Ohio has unsealed its summary judgment opinion in The Medical Center at Elizabeth Place v. Premier Health Partners. The Court granted summary judgment in favor of the defendants-four hospital systems that operated pursuant to a joint...
|Federal Judge Rules That Integrated Healthcare System Comprised of Separately Owned Hospitals Incapable of Conspiring Under Section One of The Sherman Act|
Robert B. Craig; Taft Stettinius & Hollister LLP;
November 5, 2014, previously published on October 29, 2014In recent years, some competing hospital systems have achieved the benefits of merging without a change in ownership of their assets by undertaking highly integrated joint ventures so that the combination essentially becomes a single enterprise with a complete unity of interest. Such “virtual...
|A Rare Decertification Decision from the BCCA Stands: No Leave to Appeal Wakelam|
Jill Yates; McCarthy Tétrault LLP;
October 8, 2014, previously published on September 5, 2014The Supreme Court of Canada yesterday refused the plaintiff’s application for leave to appeal the British Columbia Court of Appeal’s decertification decision in Wakelam v. Wyeth et al. Wakelam is a claim against various manufacturers of children’s cough and cold medication for...
|Wisconsin Court of Appeals Provides a Lesson in Documenting the Settlement|
Rachel M. Blise; Foley & Lardner LLP;
September 23, 2014, previously published on September 22, 2014A recent case from the Wisconsin Court of Appeals demonstrates the necessity of properly documenting the details of a settlement after agreement is reached on the amount. In Singler v. Zurich American Insurance Co., 2014AP391, Robert Singler and Zurich American Insurance Co. agreed to settle...
|FDA Deputy Commissioner: Agency Focusing on Coordinated Food Safety and Specialized Inspectors|
Jonathan Berman, Colleen Heisey, Mark Mansour, Stephanie L. Resnik, Emily K. Strunk; Jones Day;
September 23, 2014, previously published on September 2014FDA continues to pursue a modern approach to food safety, as the agency adds specialized inspectors and develops new policies under the Food Safety Modernization Act. Mike Taylor, FDA's deputy commissioner for food, addressed a group of produce industry leaders earlier this month at the United...