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Drug & Device News
Allergan Says Kickback Allegations Are 'Baseless'
In its response to whistleblower claims filed in the U.S. District Court for the Eastern District of Pennsylvania, Allergan ' the pharmaceuticals company best known for producing Botox ' says allegations that it illegally induced ophthalmologists to prescribe its eye-care products are “baseless.” Among the company's eye-care products is the well-advertised prescription medication Restasis. The complaint was brought by relators Dr. Herbert Nevyas and Dr. Anita Nevyas-Wallace, both Pennsylvania ophthalmologists, who claim that “[a]s a direct result of defendant's improper practices, federal and state health insurance programs … have been caused to pay false or fraudulent claims for reimbursement of the defendant's prescription drugs that resulted from defendant's illegal kickbacks.” In support of its motion to dismiss, Allergan countered, in papers filed June 30, that the relators had advanced a “peculiar and baseless theory of liability, where the primary allegation is that Allergan openly advertised and charged eye care practices in the amount of several hundreds of dollars on an annual basis for product and practice management consultative services and that this program somehow constitutes an unlawful kickback scheme.”
Warning Label Change Gave Adequate Warning, Despite Plaintiff's Previous Use Of Fosomax
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Major Differences In UK, U.S. Copyright Laws
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
The Article 8 Opt In
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
Legal Possession: What Does It Mean?
Possession of real property is a matter of physical fact. Having the right or legal entitlement to possession is not "possession," possession is "the fact of having or holding property in one's power." That power means having physical dominion and control over the property.
The Anti-Assignment Override Provisions
UCC Sections 9406(d) and 9408(a) are one of the most powerful, yet least understood, sections of the Uniform Commercial Code. On their face, they appear to override anti-assignment provisions in agreements that would limit the grant of a security interest. But do these sections really work?