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Media Mentions

How HIPAA Myths Block Data Exchange
October 28, 2015 — HealthcareInfoSecurity
Featured Professionals: Jodi G. Daniel

Former ONC Policy Director Jodi Daniel Reflects on Her Government Tenure, Looks at Future of Health IT Landscape
October 27, 2015 — Healthcare Informatics
Featured Professionals: Jodi G. Daniel

Does Washington Understand Implementing Its Health IT Policies?
October 21, 2015 — POLITICO Pro
Featured Professionals: Jodi G. Daniel

Q&A: Ex-ONC Policy Director Jodi Daniel
October 20, 2015 — POLITICO Pro
Featured Professionals: Jodi G. Daniel

Policy, but what now: The GCR Section 5 Roundtable
September 8, 2015 — Global Competition Review

Washington, D.C.-based Antitrust Group senior counsel, Lisa Kimmel, shares her perspective on the Federal Trade Commission's published guidance on Section 5 authority during a roundtable discussion hosted by Global Competition Review. "In my view, by tying section 5 enforcement to likely competitive harm, it doesn't go beyond what the commission has stated in other documents ... so I don't expect any practical change in how the agency approaches enforcement," Kimmel said.

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Featured Professionals: Lisa Kimmel, Ph.D.

'SGR Fix' Law Adds Program-Integrity Tools, Exempts Gainsharing From Penalties
April 20, 2015 — Report on Medicare Compliance

Troy Barsky, a Washington, D.C.-based partner in the firm's Health Care Group, explains recent legislation designed to repeal the sustainable growth rate (SGR) formula for physician reimbursement, as well as provisions echoing the fraud and abuse mandates in the Affordable Care Act. "This is a strong message from Congress that the focus on fraud and abuse is here today," Barsky said. "The bill was supposed to focus on physician payments, but…having a strong compliance program is vitally important if you continue to operate in this space."

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Featured Professionals: Troy A. Barsky

McDonald's Attorney Says Company is Victim of Union Attack on Brand
March 30, 2015 — Wall Street Journal

Washington, D.C.-based counsel and member of the firm's Labor & Employment Group, Christopher Calsyn, contributes his knowledge to the Wall Street Journal article that explores the issue as to whether or not companies like McDonald's share responsibility for the actions of their franchisees, particularly regarding complaints about low wages paid to fast-food workers. Calsyn provides that traditionally a parent company would need to have direct and immediate control over personnel matters like hiring and firing, but this case could decide whether the franchiser has sufficient control over employees to be considered a joint employer.


Ninth Circuit OK's Appeal in Superfund Case; Liability for Air Pollutant 'Disposal' at Issue
March 27, 2015 — Bloomberg BNA

Washington, D.C.-based partner and member of the firm's Environment & Natural Resources Group, Daniel W. Wolff, talks with Bloomberg BNA about the Ninth Circuit's decision to hear a case that may decide whether airborne pollutants transmitted from a smelter to a Superfund site constitute an actionable disposal for which the smelter owner is liable as an arranger. Wolff remarked that, "It's a frightening construct if you're advising a client, but my sense is that the Ninth Circuit will agree with the district court's interpretation, because it isn't an arbitrary one."

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Featured Professionals: Daniel W. Wolff

Attorneys React to High Court’s Agency Rule-Making Decision
March 9, 2015 — Law360

Crowell & Moring's Washington, D.C.-based partner, Daniel W. Wolff, comments in coverage of the Perez v. Mortgage Bankers Association case in which the U.S. Supreme Court sided with the U.S. Labor Department, ruling that federal agencies don't have to go through formal rule-making to make significant changes to rules interpreting regulations. Wolff's views on this case also were featured in additional news outlets, including BNA.


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Featured Professionals: Daniel W. Wolff

DOL Wins Rule-Making Battle, But Deference Rift Lingers
March 9, 2015 — Law360

Washington, D.C.-based partner and member of the firm’s Labor & Employment Group, Tom P. Gies, comments on a U.S. Supreme Court decision that states the Department of Labor and other agencies don't need notice-and-comment rule-making to change interpretive regulations. The decision underscores a split among the justices on precedent requiring judicial deference to agencies' interpretations of their own rules.

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Featured Professionals: Thomas P. Gies

Crowell Hires from FTC Chairwoman's Office
March 3, 2015 — Global Competition Review

Washington, D.C.-based Antitrust Group senior counsel, Lisa Kimmel, is interviewed by Global Competition Review (GCR) about her recent arrival to Crowell & Moring. Kimmel, who was most recently an advisor to Federal Trade Commission chairwoman Edith Ramirez, told GCR that she expects her economics and federal agency background to contribute to her new role at the firm. "Economics provides the lens for analyzing antitrust matters and it's often the battleground on which cases are fought," Kimmel said.

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Featured Professionals: Lisa Kimmel, Ph.D.

Crowell Bets on Belgian Experience
February 10, 2015 — Commercial Dispute Resolution

Crowell & Moring's Brussels office is featured in an article highlighting recent partner and senior counsel appointments, as well as an overview of the practice strengths of those individuals and the office as a whole. Brussels partner and office head, Kristof Roox, praises his colleagues, saying, "Jan-Diederik [Lindeman]'s promotion and the addition of Geert [Bogaert] reinforces the strength and breadth of experience that our Brussels office offers and demonstrates our continued investment" in staff appointments. The piece also focuses on the key aspects of the Brussels office, in particular the advising and litigating experience in EU and Belgian Law, intellectual property, pharmaceuticals, and life sciences.

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10 Tricky Questions To Test Your Employment Law
February 9, 2015 — Law360

Washington, D.C.-based Labor & Employment Group partner, Thomas P. Gies, is quoted in a Law360 article which touches on the diverse areas of employment law. When asked about whether or not the nation can have a "zero tolerance" policy for employee marijuana use, Gies explains, "It's a real dilemma, and I’m getting a lot of questions about that." Simply put, the fact that marijuana remains illegal at the federal level generally puts the law on the employer's side.

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Featured Professionals: Thomas P. Gies


Food & Beverage Cases to Watch In 2015
January 2, 2015 — Law360

Washington, D.C.-based Advertising & Product Risk Management Group partner John Fuson discusses one of the key food and beverage cases of 2015, Grocery Manufacturers Association et al. v. Sorrell et al, and its potential implications on federal legislation to regulate Genetically Modified Organism (GMO) labeling. "That is a really big thing to watch," Fuson said. "To some extent because that’s going on, and because other states have certainly considered so-called GMO labeling, two different bills have been introduced nationally to deal with GMO labeling."

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Featured Professionals: John Fuson

Competition Legislation and Regulation to Watch In 2015
January 2, 2015 — Law360

Washington, D.C.-based antitrust partner Shawn R. Johnson talks to Law360 about the potential passage of a bill to align the preliminary injunction standards for mergers at the U.S. Department of Justice and the Federal Trade Commission. "It got passed out of committee in the House, but had not been taken up in the Senate. But with the new Republican leadership, I think the likelihood of getting it passed out of the Senate is much higher," Johnson said. "Even in that situation it's quite unknown whether it would end up being passed and whether there's support in the White House."

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Featured Professionals: Shawn R. Johnson

Life Sciences Cases to Watch In 2015
January 2, 2015 — Law360

Washington, D.C.-based partners, Terry Rea, of Crowell & Moring's Intellectual Property Group, and Keith J. Harrison, of the firm's Labor & Employment and Litigation groups, weigh in on two important cases in the life sciences arena. Harrison discusses Teva Pharmaceuticals USA, Inc.'s challenge of a California appellate decision that a generic-drug manufacturer can be held liable for failing to warn consumers of the side effects listed on the equivalent brand-name drug, which may potentially be taken up by the U.S. Supreme Court. "This is going to be a case that is going to further define the scope of federal preemption," Harrison said. Additionally, Rea talks about the Cuozzo Speed Technologies LLC suit, which argues that the Patent Trial and Appeal Board uses the incorrect standard during America Invents Act (AIA) proceedings, making it difficult for inventors to retain their patents. "Everybody is going to be very, very careful how they handle this [case]," Rea said of the suit, which may upend new IPR standards.

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Featured Professionals: Keith J. Harrison, Terry Rea

Government Contracts Legislation and Regulation to Watch In 2015
January 2, 2015 — Law360

Washington, D.C.-based Government Contracts partner, Peter Eyre, discusses the potential impact of executive orders on the government contracts industry, including a 2012 order that will recruit federal contractors in U.S. efforts to fight labor trafficking at home and abroad. "That proposal came out months ago. That is now, as far as we can tell, ready to come out in final form. Because of the compliance requirements of that rule, it's something that will get a lot of attention," Eyre said.

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Featured Professionals: Peter Eyre

Life Sciences Legislation and Regulation to Watch In 2015
January 2, 2015 — Law360

John Fuson, a Washington, D.C.-based partner in Crowell & Moring's Advertising & Product Risk Management Group, discusses potential legislative changes in the life sciences sector in the upcoming year, including a possible repeal of the Affordable Care Act Medical Device Tax. Fuson also discusses the FDA's intent to regulate laboratory developed tests, noting, "This is a segment of the health care industry that has resisted oversight from the FDA. I'm sure that the agency is going to get a lot of feedback."

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Featured Professionals: John Fuson

ACO Compliance Is Spotty as Waiver Rule Is Extended; COs Navigate Other Challenges
November 3, 2014 — Report On Medicare Compliance

Washington, D.C.-based Health Care Group partner, Troy A. Barsky, speaks with Report On Medicare Compliance regarding Medicare accountable care organizations (ACOs) receiving another year of relief from fraud-and-abuse laws with the recent extension of waivers from the Centers for Medicare & Medicaid Services (CMS) and the Health & Human Services Office of Inspector General. Barsky, a former director of the CMS Division of Technical Payment Policy, stresses the importance of ACOs needing to comply with the anti-kickback statuses of these waivers. "If they use the waivers, it's an area of compliance they need to pay attention to," Barsky continues, "It can trip you up."

Featured Professionals: Troy A. Barsky