By Robert S. Frenchman and Kedar S. Bhatia | January 25, 2019
In two recent criminal cases involving insider trading based on non-public information from government agencies, prosecutors in the Southern District of New York have resurrected an old statute for a new purpose. The novel use of a 19th century statute arms the government with a new and potent weapon for prosecuting insider trading cases.
By Amanda Bronstad | January 23, 2019
The agreement comes after Johnson & Johnson began settling thousands of cases brought over its Pinnacle devices last year after losing jury verdicts totaling more than $1.75 billion.
By Colby Hamilton | January 22, 2019
The U.S. Attorney's Office for the Southern District of New York announced the company agreed to the settlement over allegations of over-billing federal programs for insulin and other medications.
New York Law Journal | Analysis
By Francis J. Serbaroli | January 18, 2019
In his Health Law column, Francis J. Serbaroli discusses a recent federal court decision finding New York's statutory surcharges on opioid manufacturers and distributors unconstitutional under the Dormant Commerce Clause of the U.S. Constitution. The court determined that the surcharge was not a tax but a regulatory penalty, and that the law's prohibition on passing-through the surcharges to pharmacies and end users of opioids improperly discriminated against out-of-state opioid customers and favored in-state users.
By Jason Grant | January 14, 2019
"FedEx knowingly engaged in illegal and harmful behavior at the expense of New Yorkers' health” and it "swindled New York City and State out of millions of dollars in tax revenue,” Attorney General Letitia James said.
By Judith D. Grimaldi, Chair, Elder Law and Special Needs Section | January 11, 2019
Judith D. Grimaldi, Chair of the NYSBA Elder Law and Special Needs Section, writes: Elder and special needs law has become more challenging as the basic societal supports on which our aged and disabled clients thrive can no longer be taken as a given. The rules are changing in the middle of the game and our clients are caught in the mix. ELSN Section members strive to meet these challenges with wisdom and energy.
By Andrew Denney | December 28, 2018
A federal judge in D.C., citing a risk of life and property, said the case falls within one of the exceptions allowed during the ongoing shutdown.
New York Law Journal | Analysis
By Thomas A. Moore and Matthew Gaier | December 3, 2018
Medical Malpractice columnists Thomas A. Moore and Matthew Gaier write: In recent years there have been several changes to the CPLR that make it easier for litigants to compel the production of, and admit, evidence at trial. These statutory amendments can be particularly helpful in medical malpractice actions, and are the subject of this column.
New York Law Journal | Analysis
By Francis J. Serbaroli | November 26, 2018
In his Health Law column, Francis J. Serbaroli of Greenberg Traurig discusses the recent decision by New York's Court of Appeals voiding certain regulations issued by the Department of Health pursuant to Governor Andrew Cuomo's Executive Order 38. The court determined that the regulations, which limited the amount of compensation that could be paid to executives of health care providers and managed care plans with significant Medicaid revenues, were the province of the Legislature and not the Department of Health.
By Dan M. Clark | November 21, 2018
The Second Circuit granted a motion for a preliminary injunction from UnitedHealthcare this week while the insurer appeals a decision from U.S. District Judge John Koeltl of the Southern District of New York that dismissed its lawsuit against the state in August.
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