News & Press Releases

Health Law Practice Chair and Health Care Enforcement Defense Co-chair Karen Lovitch was quoted in a recent The Dark Report article on a recent court ruling interpreting the Eliminating Kickbacks in Recovery Act of 2018 (EKRA) and its implications for clinical labs that use independent contractors for marketing. The court decided that while paying independent sales and marketing representatives on a percentage basis is not by itself an EKRA violation, compensation arrangements could still cross the line if marketers exert “undue influence” on physicians.

Law360 featured commentary from Jason P.W. Halperin in an article about a pharmaceutical industry insider trading case brought by the DOJ. Jason and Elizabeth Platonova represented one of the defendants and negotiated a resolution in which he pled guilty and was sentenced to 15 months in prison.

The Deal quoted Member Theresa Carnegie in a recent article about how regulatory pressure on pharmacy benefit managers (PBMs) has sparked innovation and opened up investment opportunities in the industry. Increased scrutiny of larger PBMs over concerns about competition and drug prices has prompted newer PBMs to emphasize transparency.

Member Steve Osborn was quoted in a 9fin article examining compliance concerns related to AI technologies and the steps being taken by regulators and leveraged credit market participants. The article highlights differing views among companies about whether AI could introduce decision bias, particularly in areas like underwriting.

Bloomberg Law published an article written by Cross-Border Asset Recovery Practice Chair Kevin Ainsworth about Amaplat Mauritius Ltd. v. Zimbabwe Mining Dev. Corp., where the DC Circuit dismissed a bid to recognize a foreign court judgment confirming a foreign arbitration award against a sovereign. The court held that US federal courts lack jurisdiction under the Foreign Sovereign Immunities Act when such claims are filed after the three-year deadline, and rejected the petitioners’ implied waiver arguments.

World Intellectual Property Review and Life Sciences Intellectual Property Review featured insights from Intellectual Property Division Chair Michael Renaud about Masimo’s decision to sue US Customs and Border Protection (CBP), the latest development in its legal battle with Apple. The article notes that it’s uncommon for a patent owner to sue CBP, which is backed by the US International Trade Commission (ITC), and that the results of this action may determine whether patent owners will still be able to rely on exclusion orders as enforcement tools in the future.