At the end of December, the Second Circuit joined several other circuit courts in holding that a plaintiff adequately pleads an Anti-Kickback Statute (“AKS”) violation when she states with the requisite particularity that at...more
The recent New York Court of Appeals decision in Stega v. New York Downtown Hospital provides strong support for defamation claims arising out of witness testimony in investigations and quasi-judicial hearings....more
Last week, in United States v. Scully, the Second Circuit vacated the conviction of a distributor of pharmaceutical products on misbranding charges due to evidentiary issues surrounding his advice-of-counsel defense at trial....more
12/19/2017
/ Advice-of-Counsel Defense ,
Criminal Conspiracy ,
Criminal Convictions ,
Evidence ,
Food and Drug Administration (FDA) ,
Foreign-Made Goods ,
Legal Advice ,
Medical Devices ,
Misbranding ,
Pharmaceutical Industry ,
Prescription Drugs ,
Vacated