Two reports on the pharmaceutical industry issued recently put the safety of drugs into question, with one questioning whether new drugs are put on the American market too soon (before all the risks are known) and the other noting the global risks of corruption within the drug industry on public health. Health Risks in New...
A bill to reform the Foreign Corrupt Practices Act by creating a private cause of action has been introduced into the U.S. House of Representatives by Rep. Ed Perlmutter (D-CO). Courts have universally held that there is no private right to sue under the FCPA at present. The bill is called the Foreign Business Bribery...
There haven’t been a lot of large fines handed down by the U.S. Securities and Exchange Commission because of hacking yet but more may be on their way in the wake of recent public comments coming out of the SEC. In May, SEC Chair Mary Jo White called cyber security the biggest risk to the...
The U.S. Government has handed down billions of dollars of fines to banks for manipulation of prices in the foreign exchange markets and benchmark interest rates already. We may have decreased our coverage of these investigation updates a bit over the past few months, but that doesn’t mean the government investigations aren’t continuing. Citi Settles...
The SEC whistleblower program seems to be hitting its stride recently, with five whistleblowers awarded more than $26 million over the past month. The latest reward was $17 million, the second largest to date, for a detailed tip by a former company employee that substantially advanced a government investigation. The recipient was one of five...
The Supreme Court will undertake review of another False Claims Act case after accepting the petition of State Farm to reconsider the 5th Circuit Court of Appeals decision in U.S. ex rel. Rigsby v. State Farm Fire and Casualty Co. The case turns on the appropriate consequences of a violation of the False Claims Act’s seal...
The Department of Labor has finalized regulations to require overtime pay to approximately 4.2 million salaried workers. In order for a business to claim that an employee is eligible for the overtime exemption as an executive, administrative or professional worker under the Fair Labor Standards Act (“FLSA”) past November, the individual will need to make...
The Securities and Exchange Commission on Friday announced an award of $3.5 million to a whistleblower that bolstered an existing investigation. The government has now paid $62 million to 28 whistleblowers since the SEC whistleblower program was opened in 2011. The government’s press release encouraged individuals to come forward “even if they think the SEC...
From 2013 to 2015, Medicare paid out a total of $125 billion under the Medicare Fee-For-Service program according to a recent article in Bloomberg. The improper payment rates exceeded 10% for all three years examined. As a result, the U.S. Government required a report from the Department of Health and Human Services’ Office of Inspector...
The media has recently reported Justice Department investigations into both pharmacy-benefit managers (PBMS) and best execution of customer trades by wholesale market-making companies. PBM Investigations According to the Wall Street Journal, the Southern District of New York has requested information from Johnson & Johnson, Merck and Endo concerning their contracts with PBMs. PBMs administer drug...