Defective Complaint Can Still Have Preclusive Effect Under FCA's First-to-File Bar
Client Alert | 1 min read | 06.12.13
In U.S. ex rel. Heineman-Guta v. Guidant Corp. (May 31, 2013), the First Circuit weighed in on a jurisprudential split over the FCA's first-to-file bar between courts that hold that the earlier-filed complaint must meet Rule 9(b)'s particularity requirement for pleading fraud in order to have preclusive effect and those that do not. Affirming the dismissal of the relator's claims, the First Circuit joined the D.C. Circuit and other district courts in rejecting the application of Rule 9(b) to the first-to-file bar and holding that dismissal is appropriate so long as the earlier complaint put the government on sufficient notice to initiate an investigation into the alleged fraud.
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Client Alert | 7 min read | 06.26.26
Federal Roundup: Updates for PBMs and Medicare Advantage Organizations
In June 2026, federal regulators and lawmakers continued their efforts to improve drug affordability through targeted reforms. These recent developments will primarily impact pharmaceutical manufacturers, managed care organizations, and pharmacy benefit managers (PBM) serving Medicare Part D program members. PBMs, Medicare Advantage organizations, and Part D sponsors should monitor these changes in the interest of maintaining compliance and providing input on regulatory proposals that may influence their business operations or compensation structures in the future.
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Twin Executive Orders Seek to Spur Quantum Leap in Technology and Cybersecurity
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