Perspectives on Complex Litigation

Partners Jacques Smith and David Greenberg spoke with AHLA Weekly after the US Supreme Court heard oral argument on April 19 in a major False Claims Act case that has far-reaching implications for the health care industry and other highly-regulated sectors reliant on government funding.

Theft of intellectual property, including trade secrets, costs US businesses more than $300 billion a year, according to a 2013 report by the Commission on the Theft of American Intellectual Property (a bipartisan group of high-ranking former US officials).

The US Supreme Court is set to hear oral arguments on April 19 in Universal Health Services, Inc. v. United States ex rel. Escobar, a key case addressing the implied certification theory of liability under the False Claims Act. 

Arent Fox LLP Complex Litigation associate Temitope K. Yusuf was named a Rising Star by Minority Corporate Counsel Association.

Federal prosecutors appearing at the American Conference Institute’s 16th Annual Forum on Fraud and Abuse in the Sales and Marketing of Medical Devices earlier this month outlined recent enforcement trends that should catch the attention of the health care industry.

In a recent opinion, the Ninth Circuit reversed the dismissal of a lawsuit against the developer of the highly-anticipated videogame Grand Theft Auto V.

Arent Fox LLP is pleased to announce the appointment of D. Jacques Smith and Kay C. Georgi to lead the firm’s internationally recognized Complex Litigation and  International Trade practices.

The year 2015 provided another bumper crop of decisions in trusts and estates disputes. While the courts generally experienced a nationwide decrease in the filing of civil lawsuits, trust and estate disputes continued to fill court dockets and a few noteworthy trends emerged.

Macy’s, Inc. and subsidiary Bloomingdale’s, Inc. were recently served with a class action complaint alleging that the retail chains misled consumers with a “phantom pricing scheme” that inflated the savings available on items marked for sale.

Arent Fox is pleased to announce that Managing Partner Cristina A. Carvalho and Complex Litigation partner Hunter T. Carter have been named to the Latin America’s 2016 Top 100 Lawyers list by Latinvex.

Arent Fox LLP is pleased to announce the election of its new partners and counsel, effective January 1, 2016.

The Supreme Court ruled interactive computer service providers like Yelp cannot be held legally responsible for info created and developed by third parties.

In an important development, the Centers for Medicare and Medicaid Services (CMS) has issued additional final regulations implementing the Stark Law as part of the Physician Fee Schedule for calendar year 2016 (see 80 Fed. Reg. 70,886 (Nov. 16, 2015)).

On Monday, November 30, 2015, Nordstrom and denim manufacturer AG Adriano Goldschmied filed a motion to approve a settlement in California federal court, agreeing to pay more than $4 million to settle a consumer class action suit that accused them of falsely labeling jeans as “Made in USA.”

Arent Fox Health Care partner Debra Albin-Riley published an article in the November 5 edition of Bloomberg BNA’s Health Law Reporter that covers a recent California Supreme Court ruling that significantly impacts the Anti-SLAPP motion’s viability in cases involving hospital peer review actions.

The Department of Justice recently announced that Tuomey Healthcare System has agreed to pay $72.4 million and enter into a five-year Corporate Integrity Agreement to finally resolve the long-running U.S. ex rel., Drakeford v. Tuomey Healthcare System, Inc. False Claims Act/Stark Law litigation.

US Department of Health and Human Services Office of Inspector General released an OIG Alert reminding the public that electronic health records furnished to referral sources may not meet the federal anti-kickback statute’s EHR safe harbor if EHR system has limited or restricted interoperability.

On September 21, 2015, the US DOJ and whistleblowers’ counsel announced that Florida-headquartered Adventist Health System (Adventist) had agreed to pay $118.7 million to resolve allegations that it violated the FCA by submitting claims in violation of the Stark law and by miscoding claims.

Joyce Branda, the Deputy Assistant Attorney General for the Commercial Litigation Branch of the DOJ, gave the keynote address on September 28, 2015, at the American Health Lawyers Association Fraud and Compliance Forum in Baltimore, providing conference attendees with an update from DOJ.

Has Estee Lauder built such significant brand value that a retailer is doomed if it cannot stock Estee Lauder’s products on its shelves? This is the question Duty Free Americas asked a federal appeals court to once again consider after both the district court and the appeals court said “no.”

The US Department of Justice (DOJ) recently announced that Columbus Regional Healthcare System (Columbus Regional) has agreed to pay up to $35 million and enter into a Corporate Integrity Agreement with the U.S. Department of Health and Human Services Office of Inspector General.

On September 15, the US Department of Justice announced that it reached a $69.5 million settlement with the North Broward Hospital District to resolve False Claims Act allegations that originated in 2010.

Purchasers and restructurers of California companies can rest a little easier after last Thursday’s landmark ruling by the California Supreme Court.

Jawbone and Fitbit, both billion-dollar leaders in the “wearable” technology category of fitness bands, are warming up for what may become a test of legal endurance.