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Articles by Jerome Hoffman
Employee Talent Wars Gain Unprecedented Ammunition from Changing Antitrust Landscape | JD Supra
The current labor market is fraught with challenges for employers. In the wake of the COVID-19 market disruptions, the demand for employees, especially for experienced or highly trained employees, far exceeds the supply. Employee retention is a problem facing employers in all industries, from healthcare and life sciences to technology, manufacturing and hospitality.
Employee Talent Wars Gain Unprecedented Ammunition From Changing Antitrust Landscape
Highlights The labor market has become more challenging for employers following COVID-19, and the need for well-trained, experienced employees far exceeds the supply. In addition to undermining investments in training and professional development, rampant departures are threatening the ability of employers to maintain confidential and proprietary information – including trade secrets.
FTC and DOJ Continue to Turn Up Antitrust Heat on Healthcare Industry | JD Supra
The Federal Trade Commission (FTC) and U.S. Department of Justice (DOJ) continued their online listening tour on April 14, 2022, with a discussion regarding the effects of mergers and acquisitions on the healthcare industry as told by patients, employees, practitioners in the field and independent business owners.
Florida Healthcare Provider Receives Criminal Antitrust Conspiracy Penalties Totaling $120M
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Healthcare Law Update: February 2018 | JD Supra
The Federal Trade Commission (FTC) has announced this year's revisions to the thresholds under the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (HSR Act), which will be applicable to transactions closing on or after Feb. 28, 2018. The FTC is required to revise the HSR Act thresholds annually based on changes in the U.S. gross national product, resulting in an increase of roughly 4.45 percent over last year.
Federal Court Enjoins North Dakota Physician Practice Merger
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Florida Supreme Court Strikes Defendants' Ex Parte Interviews with Treating Physicians
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Recent Developments in Antitrust Scrutiny of Healthcare-Provider Transactions
As the trend of acquisitions of physician practices and mergers of hospitals continues, so does antitrust scrutiny of these deals. There was activity this week in three different proposed transactions that caught the attention of antitrust authorities. On June 23, 2017, the FTC and the North Dakota Attorney General jointly sued to block the merger of two physician practices, Sanford Bismarck and Mid-Dakota Clinic, P.C., the largest physician groups in Bismarck and Mandan, North Dakota.
Florida Supreme Court: Physicians' Peer Reviews Not Protected from Public Disclosure
In Edwards v. Thomas, a decision released on Oct. 26, 2017, the Florida Supreme Court reversed the decision of the Florida Second District Court of Appeal and held that an analysis of a medical malpractice claim sent by an attorney to an external medical review company, "M.D. Review," in anticipation of a lawsuit by Amber Edwards was not protected by the attorney work product privilege.
Reasonable Interpretation of Ambiguous Regulation May Not Preclude False Claims Act Liability
A recent appellate court ruling governing all federal court cases in Florida, Georgia and Alabama establishes that a defendant in a False Claims Act (FCA) case cannot rely on a defense that there was no intent to defraud the government just because the defendant had a reasonable interpretation of an ambiguous government regulation.
Reasonable Interpretation of Ambiguous Regulation May Not Preclude False Claims Act Liability
A recent appellate court ruling governing all federal court cases in Florida, Georgia and Alabama establishes that a defendant in a False Claims Act (FCA) case cannot rely on a defense that there was no intent to defraud the government just because the defendant had a reasonable interpretation of an ambiguous government regulation.
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