Category Archives: Health Care Fraud

DOJ Creates Potential Opening for Early Dismissal of False Claims Act Suits

By Mark P. Goodman, Maura Kathleen Monaghan, and Jacob W. Stahl

The Department of Justice (the “DOJ”) recently released a memorandum outlining circumstances under which it may seek early dismissal of actions brought under the False Claims Act (the “FCA”). Companies subject to FCA litigation brought by relators may be able to use this memorandum to encourage the DOJ to shut down the litigation (ideally, at an early stage). Continue reading

How Much Does The First Amendment Protect Medical Marketing?

by Julian Ginos

Often thought of as a bastion of countercultural resistance—think the Pentagon Papers, flag burning, the Nazi march in Skokie, IL—the First Amendment is enjoying a renaissance as a powerful antiregulatory tool for business interests. Citizens United, Hobby Lobby, and Zubik are some of the better-known examples of this phenomenon, but drug and device manufacturers have also made strides challenging the regulations governing them on First Amendment grounds. Continue reading