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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...
|Obstetrician was Apparent Agent of Hospital When Patient Arrived with Fetal Demise.|
Gregory S. Emrick; Semmes, Bowen & Semmes A Professional Corporation;
March 27, 2015, previously published on January 2015On 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,...
|New 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;
March 27, 2015, previously published on March 2015On 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...
|Health 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.;
March 27, 2015, previously published on March 2, 2015Last 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...
|Maryland’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;
March 27, 2015, previously published on February 2015In 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...
|HHS 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;
March 27, 2015, previously published on February 2015On 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...
|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...
|Antitrust 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;
March 27, 2015, previously published on March 2015In 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...
|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...
|Consultants’ Communications Privileged from Discovery|
Philip H. Lebowitz; Duane Morris LLP;
March 25, 2015, previously published on February 23, 2015In 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...