On April 30, 2020, the US Department of Justice Antitrust Division (DOJ) announced that it had settled a criminal antitrust case against a group of physicians that has resulted in the payment of a $100 million penalty. Medical providers, take notice.
This action by the DOJ was brought against the Florida Cancer Specialists & Research Institute, LLC (FCS), an oncology group headquartered in Fort Myers
Read More 100 Million Dollar Criminal Antitrust Penalty Paid By Florida Oncology PracticeOn July 11, 2019, the Antitrust Division of the U.S. Department of Justice published an advisory concerning corporate compliance programs and announced a new approach to criminal charging decisions against companies.[i] Specifically, the advisory states that consideration of a company’s antitrust compliance program can serve as a critical factor in deciding whether to pursue criminal charges against a company. In other words, the
Read More Important New Guidance — How an Effective Antitrust Compliance Program Could Prevent Criminal Charges Against Your CompanyWiggin and Dana partners, Robert Langer and John Doroghazi along with Associate Amanda Brahm, have co-authored an important article regarding a key development concerning state consumer protection laws that affect both businesses as well as consumers.
Read More CAVEAT VENDITOR!! The Second Prong of the Cigarette Rule is Alive and Well in Several “Little FTC Act” StatesThe Connecticut Supreme Court issued a ruling yesterday in Soto v. Bushmaster Firearms International, et al. that may greatly expand the reach of Connecticut’s principal consumer protection and business litigation statute, the Connecticut Unfair Trade Practices Act (“CUTPA”), to include business conduct not previously generally understood to be subject to CUTPA. CUTPA is Connecticut’s version of the Federal Trade Commission Act, but unlike the FTC
Read More Connecticut Supreme Court Ruling in Soto v. Bushmaster Firearms International, et al. Expands Scope of CUTPAIn the 11th Circuit’s highly anticipated decision in LabMD, Inc., v. FTC, the court declined to reach the most contentious issue in the case: the scope of the Federal Trade Commission’s (FTC) authority to regulate data privacy and security practices as an unfair act or practice under Section 5(n) of the FTC Act absent evidence of demonstrable harm resulting from a data breach
Read More The LabMD Decision Reins In the FTC’s Authority to Issue Broadly Worded and Ill-Defined OrdersIn an important development for colleges and universities throughout the United States, a federal district court judge on February 1, 2018 certified a class of medical school faculty members in an antitrust suit against Duke University and the University of North Carolina. The class action suit alleges that Duke and UNC had an agreement not to permit lateral moves of faculty members between Duke and
Read More Faculty Non-Poaching Agreements Pose Significant Antitrust RisksIntroduction
Customer reviews are ubiquitous in today’s commercial environment. Whether the business is Amazon.com or the doctor’s office down the street, consumers are accustomed to rating and reviewing goods and services online and having access to reviews from other consumers to help inform their purchasing decisions. Ratings are important because consumers sometimes have limited opportunities to interact with sellers, prompting them to rely on accounts
Read More Consumer Review Fairness Act Codified Consumers’ Right to ComplainSocial media sites such as Yelp and Facebook provide consumers with a platform to share their opinions about businesses that sell goods or services to the public.
While businesses rely on this kind of digital word-of-mouth to boost sales and positive brand awareness, unflattering online reviews are inevitable and have the potential to cause considerable damage.
But stopping customers from giving bad feedback, even if
Read More Congress Protects Negative Online ReviewsIntroduction
Customer reviews are ubiquitous in today’s commercial environment. Whether the business is Amazon.com or the doctor’s office down the street, consumers are accustomed to rating and reviewing goods and services online and having access to reviews from other consumers to help inform their purchasing decisions. Ratings are important because consumers sometimes have limited opportunities to interact with sellers, prompting them to rely on accounts
Read More Consumer Review Fairness Act Prevents Companies From Stifling Negative Consumer Reviews