Daniel Fundakowski Contributed to Report About Recent Federal and State Court Cases

ABA Section of Antitrust Law

Daniel Fundakowski, an Associate in the Health Care and Life Sciences practice, in the Washington, DC, office, contributed to a report that discussed recent federal and state court cases, government enforcement actions, and other "recent developments" involving antitrust and privacy issues in the health care and pharmaceutical industries.

Following is an excerpt:

The U.S. District Court for the Northern District of California granted summary judgment for the Federal Trade Commission (FTC) against Wellness Support Network Inc. and its two principals, Robert Held and Robyn Held (collectively, "defendants"). The court ordered the defendants to pay $2.2 million in restitution and enjoined them from promoting any product associated with the treatment or prevention of diabetes without "competent and reliable scientific evidence" substantiating such claims. In addition, the court required the defendants to submit to an FTC-monitored compliance program for twenty years. ?...

On February 13, 2014, U.S. District Judge William J. Martinez of the Colorado District Court granted in part and denied in part motions to dismiss filed by a health system, insurers, and others in an antitrust suit brought against them by four ambulatory surgery center ("ASC") plaintiffs in the Denver, Colorado and Colorado Springs, Colorado areas.