In a matter of first impression, the Ninth Circuit Court of Appeals interpreted the scope of the 2018 Eliminating Kickbacks in Recovery Act (EKRA) in the context of a lab operator who allegedly paid marketers to induce...more
8/1/2025
/ Advertising ,
Anti-Kickback Statute ,
Appellate Courts ,
Clinical Laboratory Testing ,
Criminal Convictions ,
Criminal Prosecution ,
Eliminating Kickbacks in Recovery Act of 2018 (EKRA) ,
Fraud and Abuse ,
Healthcare Fraud ,
Kickbacks ,
Laboratories ,
Medicaid ,
Medicare ,
Patient Referrals ,
Statutory Interpretation ,
TRICARE
On May 19, 2025, the U.S. Department of Justice (DOJ) announced that it had formed a “Civil Rights Fraud Initiative,” co-led by DOJ’s Civil Fraud Section and Civil Rights Division....more
On April 14, 2025, the Seventh and Second Circuits each issued opinions narrowing the scope of advertising, marketing, and booking fee activities that run afoul of the federal Anti-Kickback Statute (AKS). See United States v....more
5/6/2025
/ Advertising ,
Anti-Kickback Statute ,
Appeals ,
Department of Health and Human Services (HHS) ,
Dismissals ,
False Claims Act (FCA) ,
Healthcare ,
Healthcare Fraud ,
Marketing ,
OIG ,
Physicians ,
Qui Tam ,
Scienter ,
Whistleblowers
Companies are facing a unique trade market. President Trump has announced various tariffs, including additional tariffs on China, the on-again, off-again tariffs on Canada and Mexico, auto tariffs, steel and aluminum tariffs,...more
4/22/2025
/ Aluminum Sales ,
Automotive Industry ,
B2B Organizations ,
Canada ,
China ,
Contract Termination ,
Contract Terms ,
Force Majeure Clause ,
Mexico ,
Steel Industry ,
Supply Chain ,
Tariffs ,
Termination ,
Trump Administration
Imagine you're sitting in a conference room with a group of administrators and staff across various schools and departments, discussing budgetary constraints, campus resources, and student group initiatives—a day like any...more
Important False Claims Act cases are slated to be decided in 2025, impacting clients across industries that contract with the government—from healthcare to defense. Additionally, the second Trump Administration released an...more
On January 21, 2025, President Trump issued an executive order, Ending Illegal Discrimination and Restoring Merit-Based Opportunity (Executive Order), that introduces significant changes for government contractors and grant...more
Investment in the healthcare industry requires careful consideration, as it involves numerous distinct areas of the law. Venable's Private Equity Investment in Healthcare webinar series explores the unique issues and timely...more
11/20/2024
/ Anti-Kickback Statute ,
Centers for Medicare & Medicaid Services (CMS) ,
Compliance ,
Department of Health and Human Services (HHS) ,
Department of Homeland Security (DHS) ,
False Claims Act (FCA) ,
Fraud and Abuse ,
Health Care Providers ,
Healthcare Fraud ,
New Guidance ,
OIG ,
Private Equity ,
Private Equity Firms ,
Risk Mitigation ,
Self-Referral ,
Stark Law ,
Strict Liability
The Supreme Court's landmark June 28, 2024 decision in Loper Bright Enterprises v. Raimondo abandoned the Chevron doctrine after 40 years of deferring to agency interpretations of ambiguous laws. As previewed in our June 28...more
In a monumental opinion issued today, the U.S. Supreme Court in Loper Bright Enterprises v. Raimondo overruled Chevron U.S.A. Inc. v. Natural Resources Defense Council, Inc., holding (6-3) that deference to an agency's...more
7/1/2024
/ Administrative Procedure Act ,
Chevron Deference ,
Chevron v NRDC ,
Constitutional Challenges ,
Government Agencies ,
Judicial Authority ,
Loper Bright Enterprises v Raimondo ,
National Marine Fisheries Service ,
Regulatory Authority ,
Relentless Inc v US Department of Commerce ,
SCOTUS ,
Stare Decisis ,
Statutory Interpretation ,
Unconstitutional Condition
The federal False Claims Act (FCA) is widely regarded as a powerful tool to punish fraud against the federal government. Since 1986, the federal government has recovered more than $75 billion from FCA settlements and...more
3/12/2024
/ Anti-Retaliation Provisions ,
Civil Monetary Penalty ,
Deficit Reduction ,
Department of Health and Human Services (HHS) ,
Enforcement Authority ,
Enforcement Statistics ,
False Claims Act (FCA) ,
Fraud ,
Incentives ,
OIG ,
Qui Tam ,
Settlement ,
State False Claims Acts ,
Whistleblowers
On November 13, 2023, following a bench trial, a federal district court in the district of Massachusetts held that an employer's termination of an employee was not a violation of the whistleblower and retaliation protections...more
By now, the Supreme Court's June 2023 Students for Fair Admissions decision overturning affirmative action precedent, which Venable wrote about here, and has prompted institutions of higher education (IHEs) to review their...more
We are excited to announce Venable’s inaugural Life Sciences Webinar Series. This month-long series will explore the intricacies and latest developments that shape the life sciences industry. Join us as we hear from our...more
In August 2023, the Office of Inspector General for the Department of Health and Human Services (OIG) announced a new strategic plan to investigate the life cycle of Medicare Advantage and Medicaid managed care contracts from...more
This August, a working group sponsored by the National Association of Insurance Commissioners (the "NAIC") unanimously approved revisions to the NAIC's Unfair Trade Practices Act Model #880 (the "Model Law") to restrain...more
9/20/2023
/ Affordable Care Act ,
Centers for Medicare & Medicaid Services (CMS) ,
False Marking ,
Health Insurance ,
Insurance Industry ,
Lead Generators ,
Marketing ,
Medicaid ,
Medicare ,
NAIC ,
Open Enrollment ,
The Model Law ,
Unfair or Deceptive Trade Practices ,
Working Groups