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Whistleblower News

Whistleblower Case Results In $28 Million Settlement; Case Is Reminder That Healthcare Fraud Is An Important Election Year Issue

Washington, D.C. — A whistleblower case alleging the payment of kickbacks by Abbott Laboratories to induce prescriptions for the drug Depakote, for elderly patients in nursing homes, has resulted in a $28 million dollar settlement with one of the nation’s largest long term care pharmacies, Omnicare. “This case is a reminder – especially in an […]

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Mastering Whistleblower Law – CLE Training for False Claims Attorneys

Distinguished Qui Tam Attorneys Bill Nettles and Reuben Guttman will present Mastering Whistleblower Law, Qui Tam Litigation, & the False Claims Act, a 90 minute Telephonic Seminar on Thursday, Sept. 22, 2016 from Noon-1:30 PM (Eastern Time). Learn the latest on Mastering Whistleblower Law, Qui Tam Litigation, & the False Claims Act with this convenient telephonic seminar. All registered […]

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GBB files amicus on behalf of law professors in FCA case before Supreme Court

Congress intended the False Claims Act to apply broadly and reach all fraudulent attempts to cause the United States Government to pay out money. In Universal Health Services, Inc. v. United States ex rel. Escobar, a key case pending before the United States Supreme Court, the Petitioner has urged a counter-textual interpretation that would vitiate the […]

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Doctors promoting treatments on social media routinely fail to disclose ties to drug makers

by Sheila Kaplan (Statnews.com) Washington – Physicians across the United States routinely offer medical advice on social media — but often fail to mention that they have accepted tens and sometimes hundreds of thousands of dollars from the companies that make the prescription drugs they tout. A STAT examination of hundreds of social media accounts […]

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A Failure of Remedies: The Case of Big Pharma (An Essay)

This Article examines the U.S. pharmaceutical industry and the harms imposed on individual patients and healthcare consumers—including private and government third party payers—from practices proscribed by Federal and State laws regulating marketing and pricing. 1

The Article pays particular attention to the False Claims Act (FCA), which has become the government’s primary civil weapon against fraudulent and/or wrongful conduct causing the expenditure of government dollars.
Read the entire Essay.

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The Art of Advocacy

Judges are now insisting that plaintiffs make their case with facts instead of merely putting their clients on notice of a claim. When the United States Supreme Court issued its decisions in Bell Atlantic Corp v Twombly, 550 U.S. 544 (2007) and Aschroft v Iqbal , 556 U.S. 662 (2009), there was sea change in […]

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Advocacy is a two way street

Young lawyers learning about advocacy need to understand how judges think if they are to master the skill, says Reuben Guttman. Young advocates or trial lawyers often labour under the conception that communication is a one size fits all effort.  Be smooth, don’t be nervous, be flamboyant, and engage in fanfare.  Really?  For my trial […]

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Tort Reform: A Lion in Sheep’s Clothing

Tort reformers cite a range of cases as frivolous litigation. But, says Reuben Guttman, many of these lawsuits raise fundamental issues. The United States Chamber of Commerce, a few academics and some media pundits have their lists of cases arguably supporting the proposition that people will sue over anything and hence the need for tort […]

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Arbitrary application of law in a global economy

by Reuben A. Guttman. Guttman practices law with Guttman, Buschner & Brooks PLLC  There are more than 3,000 drug trials being conducted in China. Indeed, data from these trials is almost certain to find its way into applications filed back in the United States with the Food and Drug Administration. Do large drug companies – which […]

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Do We Really Trust Corporations To Investigate Their Own Profitable Impropriety?

by Reuben A. Guttman. Guttman practices law with Guttman, Buschner & Brooks PLLC. Can a corporation really investigate its own behavior? Do internal compliance programs really work, or does their mere existence give well-compensated employees plausible rationale not to question conduct that would otherwise be questionable? Answering these questions must begin with the age-old concern about […]

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