Criminal Prosecution, Statutory Interpretation, Appellate Courts

The White Collar Appeal: Second Circuit Holds That Judges Can’t Increase Sentences to Offset Reductions from the First Step Act or...

Quinn Emanuel on 9/5/2025

In a case of first impression in the federal Courts of Appeals, the Second Circuit held that district courts may not consider a defendant’s potential eligibility for a sentence reduction under the First Step Act or programs...more

EKRA Gets Its Second Major Court Test: What the Schena Decision Means for Lab Marketing and Sales Compensation

Hendershot Cowart P.C. on 8/27/2025

On July, 11, 2025, the Ninth Circuit Court of Appeals affirmed laboratory operator Mark Schena’s conviction under Eliminating Kickbacks in Recovery Act (EKRA). This is the first time a higher court has addressed the lab...more

Marketing, Misconduct and Healthcare: Ninth Circuit Issues First EKRA Appellate Ruling

McGuireWoods LLP on 8/21/2025

On July 11, 2025, in United States v. Schena, the U.S. Court of Appeals for the Ninth Circuit issued the first appellate decision interpreting the Eliminating Kickbacks in Recovery Act (“EKRA”). The decision marks a...more

Ninth Circuit Clarifies Permissible Marketing Activity Under EKRA

Holland & Knight LLP on 8/13/2025

As Holland & Knight previously reported, since its enactment in 2018, the Eliminating Kickbacks Recovery Act (EKRA) has been a source of anxiety and confusion for the clinical laboratory and behavioral health industries in...more

Eleventh Circuit Expands Government’s Authority Under the Mandatory Victims Restitution Act to Collect Unsatisfied Restitution...

Bradley Arant Boult Cummings LLP on 8/7/2025

In United States v. Mims, No. 22-13215, 2025 WL 1934570 (11th Cir., July 15, 2025), the Eleventh Circuit addressed a relatively straightforward question of first impression: “whether a district court continues to have...more

Second Circuit Vacates Wire Fraud Conviction For “Insider Trading” On NFTs

A&O Shearman on 8/5/2025

On July 31, 2025, a divided panel of the United States Court of Appeals for the Second Circuit issued an opinion vacating the wire fraud and money laundering convictions of a former manager of a marketplace for non-fungible...more

EKRA Has Teeth: Ninth Circuit Upholds Lab Operator’s Criminal Conviction for Paying Marketers for Referrals

Venable LLP on 8/1/2025

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

TEXTS AREN’T CALLS!: State Appellate Court Holds Text Messages Are Not Telephone Calls Were Purposes of Criminal Statute

Troutman Amin LLP on 6/18/2025

Since 2009 Courts have been applying FCC rulings suggesting that text messages are calls subject to the TCPA even though text messages didn’t exist at the time the TCPA was passed and the statute does not mention text...more

Florida Appeals Court Decisions Week of May 12 - 16, 2025

Carlton Fields on 5/19/2025

U.S. Eleventh Circuit Court of Appeals - Maron v. Fla CFO - Florida Unclaimed Property Act, taking, sovereign immunity - USA v. Solomon - sentencing, Hobbs Act - HM Fla v. Fla DBPR - obscenity, First Amendment - ...more

Second Circuit Rejects Double Jeopardy and Sufficiency of the Evidence Arguments After Remand in Ciminelli Case

Patterson Belknap Webb & Tyler LLP on 3/21/2025

In United States v. Aiello, the Second Circuit (Raggi, Chin, Sullivan) remanded the cases of Steven Aiello, Joseph Gerardi, Louis Ciminelli, and Alain Kaloyeros (collectively, the “defendant-appellants”) for retrial on their...more

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