Searching Content indexed under Litigation, Mediation & Arbitration by Frederick Ball ordered by Published Date Descending.
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DOJ Implements 2018 Granston Memo On False Claims Act
In early 2018, the U.S. Department of Justice announced a new policy encouraging prosecutors handling False Claims Act (FCA) ...
United States
10 Jan 2019
DOJ Implements Granston Memo: Motions To Dismiss Filed In 11 False Claims Act Cases
In early 2018, the U.S. Department of Justice announced a new policy encouraging prosecutors handling False Claims Act (FCA) cases to seek dismissal of qui tam complaints that threaten the government's interests.
United States
9 Jan 2019
Case Study: Jazz Pharmaceuticals v. Amneal Pharmaceuticals
On July 13, 2018, the Federal Circuit decided Jazz Pharmaceuticals, Inc. v. Amneal Pharmaceuticals, LLC, an appeal of six inter partes review decisions by the PTAB's finding that certain claims of seven patents ...
United States
18 Oct 2018
Illinois Broadens The Standards For Enforcing Restrictive Covenants In Illinois
In recent years, employers and employees have not had consistent guidance on when an Illinois court would enforce restrictive covenants. If an employer sued a former employee in Cook County, Ill., then the employer had to initially establish that the restrictive covenant was necessary to protect the employer's "legitimate business interest."
United States
12 Dec 2011
U.S. Supreme Court Holds That State-Law-Based Failure-to-Warn Claims Are Federally Preempted Against Generic Drug Manufacturers
On June 23, 2011, the U.S. Supreme Court issued a decision in Pliva, Inc. v. Mensing, holding that state-law claims against generic drug manufacturers are federally preempted pursuant to the Supremacy Clause of the U.S. Constitution.
United States
27 Jun 2011
Pennsylvania District Court Prevents Disclosure of Hundreds of Confidential Settlement Agreements
In a scrimmage over the legality of settlement agreements relating to only one drug, the U.S. District Court for the Eastern District of Pennsylvania—in FTC v. Cephalon—provided what may be considered a win-win scenario for much of the pharmaceutical industry and for the Federal Trade Commission (FTC).
United States
4 Apr 2011
FDA To Increase Criminal Prosecution Of Corporate Officials In The Pharmaceutical Industry
In a recently released letter to U.S. Sen. Chuck Grassley (R-Iowa), the Government Accountability Office (GAO) reported the results of its study into the Food and Drug Administration's (FDA) criminal investigation of individuals and companies through the FDA's Office of Criminal Investigations (OCI).
United States
23 Mar 2010
Nursing Homes Be Aware: OIG Issues Supplemental Compliance Program Guidance
In mid-April 2008, the Office of Inspector General for the U.S. Department of Health and Human Services (the "OIG") promulgated a draft supplemental compliance program guidance for nursing facilities.
United States
27 May 2008
Update On Medicaid Requirement For "Tamper-Resistant" Prescription Pads
As we discussed in our Alert of July 31, 2007, pharmacists and physicians should take note that on October 1, 2007, the Centers for Medicare and Medicaid Services ("CMS") will deny federal participation in Medicaid for prescriptions written on traditional prescription pads. Effective October 1, an amendment to 42 U.S.C. § 1396(b)(i) will require that all written, non-electronic prescriptions be issued on "tamper-resistant" prescription pads. The amendment applies to prescriptions for covered out
United States
24 Sep 2007
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