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FCA Liability After Escobar: Challenges And Opportunities For Device Companies

Executive Summary

A recent Supreme Court decision addressing the False Claims Act holds important implications for medical device companies, according to Gibson Dunn attorneys John D. W. Partridge, Jonathan M. Phillips and Reid F. Rector in this guest column.

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What Did The Government Know, And When Did Know It? US Supreme Court Seeks Views On False-Claims Case

The US Solicitor General was asked to weigh in on Gilead's petition asking the high court to clarify application of its Escobar decision. Trade groups say FDA, not a jury, should decide whether a company has complied with the Food, Drug and Cosmetic Act.

'Escobar' Conundrum: 2017's Biggest Story In Medtech False-Claims Enforcement

A Supreme Court decision that established a new standard in False Claims Act cases was key to FCA enforcement in 2017, when FCA enforcement remained a priority under the Trump administration.

Unlocking Legalities: False-Claim Standards Continue To Evolve

The finer points of when exactly the US government can collect from a device company for selling it a bill of goods are under reconsideration, even as the fast pace of False Claims Act suits continues, attorneys with law firm Gibson Dunn concluded during a series of recent webinars.

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