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HTMLFTC 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.;
Legal Alert/Article
March 27, 2015, previously published on February 27, 2015
The 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...

 

HTMLObstetrician was Apparent Agent of Hospital When Patient Arrived with Fetal Demise.
Gregory S. Emrick; Semmes, Bowen & Semmes A Professional Corporation;
Legal Alert/Article
March 27, 2015, previously published on January 2015
On November 4, 2010, Cierra Randolph presented to the Obstetrics and Gynecology Department at Maryland General Hospital at 37 weeks for the onset of labor. During the preliminary exam, the labor and delivery nurse did not find a fetal heartbeat, and immediately contacted the attending obstetrician,...

 

HTMLNew Dietary Guidelines Advisory Report: Eggs and Coffee Are Back, but Sugar is Out
Edgar J. Asebey, Jonathan Berman, Mark Mansour, Stephanie L. Resnik, Emily K. Strunk; Jones Day;
Legal Alert/Article
March 27, 2015, previously published on March 2015
On February 19, 2015, a group of 14 outside experts who formed the 2015 Dietary Guidelines Advisory Committee (“Committee”) released the Scientific Report of the 2015 Dietary Guidelines for Americans (“Advisory Report”) to the Secretaries of the U.S. Department of Health and...

 

HTMLHealth Care Competition Follow-up Exam: Highlights from the Second FTC/DOJ “Examining Health Care Competition” Workshop
Farrah Short; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
Legal Alert/Article
March 27, 2015, previously published on March 2, 2015
Last week, the Federal Trade Commission (FTC) and the Department of Justice (DOJ) co-hosted the second installment of their public workshop series, “Examining Health Care Competition.” Complementing last year’s focus on trends and innovation in the health care industry, this...

 

HTMLMaryland’s Intermediate Appellate Court Adopts Section 3.07 of Restatement (Third) of Agency, and Finds Corroboration Unnecessary to Support Admissibility of Habit Evidence
Wayne C. Heavener; Semmes, Bowen & Semmes A Professional Corporation;
Legal Alert/Article
March 27, 2015, previously published on February 2015
In Rosebrook v. Eastern Shore Emergency Physicians LLC, Maryland’s intermediate appellate court addressed issues of agency law and evidence. Specifically, the Court held that an attorney had the authority to act on behalf of a deceased client to pursue an appeal when that attorney has noted...

 

HTMLHHS Announces New Payment Initiative Designed to Encourage Better Oncology Care
James R. Dutro, Scott A. Edelstein, David W. Grauer, Gerald M. Griffith, Lisa Ge Shang Han; Jones Day;
Legal Alert/Article
March 27, 2015, previously published on February 2015
On February 12, 2015, the U.S. Department of Health and Human Services ("HHS") announced the Oncology Care Model ("OCM"), a new initiative sponsored by the Centers for Medicare & Medicaid Services ("CMS") Innovation Center (the "Innovation Center") aimed...

 

HTMLNo 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.;
Legal Alert/Article
March 27, 2015, previously published on February 26, 2015
On 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...

 

HTMLAntitrust Alert: Supreme Court Requires State Supervision of Professional Boards to Secure Antitrust Immunity
Kenneth W. Field, Michael H. Knight, Hashim M. Mooppan, Bevin M.B. Newman, Toby G. Singer; Jones Day;
Legal Alert/Article
March 27, 2015, previously published on March 2015
In an important decision, the U.S. Supreme Court has held that, where a state professional regulatory board is controlled by active market participants in the profession the board regulates, the board cannot claim "state action" antitrust immunity unless it is actively supervised by other...

 

HTMLFederal 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;
Legal Alert/Article
March 26, 2015, previously published on March 5, 2015
Last 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...

 

HTMLConsultants’ Communications Privileged from Discovery
Philip H. Lebowitz; Duane Morris LLP;
Legal Alert/Article
March 25, 2015, previously published on February 23, 2015
In healthcare, companies often hire consultants to review billing and coding, privacy and security and a host of other technical issues that regular staff does not have the time or expertise to pursue. A recent discovery ruling in federal court in the Eastern District of Pennsylvania holds that...

 


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