March 11, 2022 - David M. Eskew
On March 10, 2022, Law360 published an article authored by partner Scott R. Landau in their Expert Analysis Section. The article discusses the recent decision in U.S. v. Medtronic PLC in the Central District of California that casts a shadow over the conventional wisdom that the safe harbors to the Anti-Kickback Statute (AKS) protect certain payment practices from liability regardless of the intent of the parties. As discussed in the article, the view expressed could be used to narrow the protections of the safe harbors and undermine the certainty they were meant to provide. The full article can be found on our Law Blog or on Law360.