Opening statements in DaVita’s Criminal Antitrust case started yesterday
One of the first Department of Justice criminal antitrust cases targeting agreements in the labor market started yesterday. The Indictment charges that DaVita (a kidney dialysis center) engaged in three agreements with competitors that prevented solicitation of each other’s executives. The agreements also contained a “tell your boss” provision, which prevented the participants in the […]
Trial Penalty in Varsity Blues Cases
I have often discussed the trial penalty here. Individuals are too often punished for going to trial. It appears that individuals in the Varsity Blues case have received a trial penalty for going to trial. The topic was covered by Law360 HERE. The Varsity Blues cases have been widely reported and involved wealthy parents paying […]
Prosecution for White Collar Drug Dealing
Laurence Doud is charged with a conspiracy to violate the Controlled Substances Act – drug trafficking – in the Southern District of New York. Doud is not your typical narcotrafficker. He is the CEO of a pharmaceutical company. This is a novel prosecution seeking to pierce the corporate boardrooms and pressure pharmaceutical executives in the […]
Conspiracies between physicians and non-physicians
John Kapoor, a former Insys Therapeutics executive, was convicted following a three-month trial. The executives in that case were charged with using a speaker program to funnel cash and other perks to doctors who wrote many Subsys prescriptions. Kapoor is seeking review of the First Circuit’s decision to uphold his conviction. Kapoor raises an important […]
Anti-trust enforcement efforts in the health care industry
Over the summer, the Biden administration issued a sweeping executive order aimed at boosting competition across the U.S. economy, including encouraging the Department of Justice (“DOJ”) and the Federal Trade Commission (“FTC”) to strengthen the 2016 guidance related to “no-poach” and wage-fixing criminal prosecutions. As early as October 2016, before the Biden administration, the DOJ […]