Searching Content indexed under Constitutional & Administrative Law by Ropes & Gray LLP's Government Enforcement/White Collar Crime Practice ordered by Published Date Descending.
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Sixth Circuit Provides Powerful Authority For False Claims Act Defendants In Reversal Of $83 Million Judgment
Of particular interest to companies in the health care space is the court's analysis in confronting - and rejecting - two positions commonly advanced by the government in False Claims Act cases.
United States
7 Nov 2012
Division Among Courts Intensifies Regarding False Claims Act’s First-To-File Requirement
Last week, the United States District Court for the District of Massachusetts found that a relator's complaint was barred by the False Claims Act's.
United States
16 Jul 2012
Supreme Court Holds That The Government Must Prove To A Jury Beyond A Reasonable Doubt Any Fact That Increases The Maximum Available Criminal Fine
The Supreme Court held yesterday that the Sixth Amendment requires the government to prove to a jury beyond a reasonable doubt any fact that increases the maximum available criminal fine.
United States
27 Jun 2012
The OIG Backs Off Intended Exclusion Of Forest Laboratories’ CEO
On August 5, 2011, the Office of the Inspector General, U.S. Department of Health and Human Services (the "OIG"), notified Howard Solomon, the CEO of Forest Laboratories, that the OIG would take no action against him under the permissive exclusion authority accorded the OIG by Section 1128(b)(15) of the Social Security Act ("SSA").
United States
16 Aug 2011
Sorrell v. IMS Health Inc. — Supreme Court Strikes Down Law Restricting Pharmaceutical Manufacturers’ Speech
On Thursday, the Supreme Court issued its decision in Sorrell v. IMS Health Inc., a case testing the constitutional limits of governmental restrictions on the speech of pharmaceutical manufacturers. By a vote of 6-3, the Court held that the law at issue — a Vermont statute that prohibits pharmaceutical manufacturers from obtaining or using "prescriber-identifiable information" collected from pharmacists for the purposes of "marketing or promoting a prescription drug" — is a "speaker- and content
United States
30 Jun 2011
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