All Perspectives

In fact, the House passed the DTSA by a vote of 410-2 on April 27, 2016, and today, May 11, President Obama signed it into law. The DTSA is codified at 18 U.S.C. 1836(b).

Last September, we published an alert warning retailers of a looming expansion in the reach of Title III of the Americans with Disabilities Act that would impose requirements on e-commerce websites to make themselves more accessible to users with a wide variety of disabilities.

Arent Fox Health Care partner Linda A. Baumann was quoted extensively in Bloomberg BNA’s Health Care Fraud Report in an article on recent concerns surrounding the Stark Law that prohibits physician self-referrals.

The FTC final order against a video game marketing company highlights that advertising partners must monitor influencer disclosures and performance.

In March 2012, the Centers for Medicare & Medicaid Services (CMS) enhanced its Medicare enrollment screening for new and existing enrollees to the Medicare program. Providers not meeting CMS’s enhanced enrollment screening risk denial, revocation, or deactivation of Medicare billing privileges.

Texas Health and Human Services Commission (HHSC) has finally issued final regulations transitioning to the use of the National Average Drug Acquisition Cost (NADAC) to establish Medicaid ingredient cost reimbursement instead of utilizing manufacturer-reported prices.

The Washington Business Journal announced that three projects that Arent Fox LLP advised on were honorees in its Washington-DC area’s Best Real Estate Deals of 2015.

FDA recently issued its final guidance on restaurant menu labeling intended to help restaurants and similar retail food establishments understand nutrition labeling requirements under the Federal Food, Drug, and Cosmetic Act that may apply to them.

The Defend Trade Secrets Act of 2016 was voted and approved on April 27, 2016 and is now on its way down Pennsylvania Avenue to the President’s desk for signing.

Store credits not redeemable for cash are not unclaimed property under California’s Unclaimed Property Law.

The Drug Enforcement Agency recently approved a first-ever randomized, placebo-controlled clinical trial to study the use of botanical (“whole plant”) marijuana (rather than an extract made thereof) to treat post-traumatic stress disorder in veterans.

In a surprising move that could dramatically impact government enforcement actions against life science companies, the health care industry, and government contractors, a federal board has increased federal False Claims Act penalties by more than 100 percent. 

A recent lawsuit filed against GNC serves as a reminder that companies need to ensure that prices listed as “regular prices” are substantiated.

On May 3, Arent Fox LLP won a precedent setting decision with national implications on behalf of Beck Chevrolet Co., Inc. before the New York Court of Appeals on certified questions from the United States Court of Appeals for the Second Circuit.

The Department of Justice recently announced it has reached a more than $780 million settlement with Pfizer Inc. and its subsidiary Wyeth to resolve reported false pricing allegations.

Whether it is proprietary information regarding customers, pricing, sourcing, product design, or manufacturing methods, trade secrets provide a competitive edge in the market by virtue of the fact that it is not generally known.

Anthony Lupo will speak on a panel at the 2016 Legal & Regulatory Conference hosted by the Personal Care Products Council.

Given the recent municipal bankruptcies and likelihood of more to come during the next recession, the author draws lessons from recent cases to determine what changes to Chapter 9 would be in the interest of the nation.

Why does it matter? This seemingly inconsequential distinction may mean the difference between being able to prominently display your embroidered brand trademark on your jeans and being required to place a large “Made in China” marking next to the embroidered brand trademark.

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.

Arent Fox filed an amici brief on behalf of the Wisconsin Alumni Research Foundation, the Indiana University Research and Technology Corporation, and San Diego Intellectual Property Law Association. Our brief focused on the following three errors in the Federal Circuit’s rationale.

VA recently announced a significant policy change that will now require drug manufacturers to make drugs that are “covered drugs” under the Veterans Health Care Act (VHCA) available to the VA under the manufacturer’s Federal Supply Schedule (FSS) contract.

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).

Covered entities and business associates subject to HIPAA Security Rule are closer to getting a benchmark for encryption standards with the release of the Standards and Guidelines Development Process in late March by the National Institute of Standards and Technology (NIST).