Joshua J. Freemire, Member of the Firm in the Health Care & Life Sciences practice, in the firm’s Baltimore office, was quoted in Law360 Healthcare Authority, in “Eli Lilly Opens New Front Against Weight-Drug Compounders,” by Mark Payne. (Read the full version – subscription required.)
Following is an excerpt:
Recent lawsuits from pharma giant Eli Lilly against competitors in the booming weight-loss drug market signal a change in strategy for a company sharply focused on protecting its money-making products. …
The most common type of business arrangement where CPOM claims occur is when an investor or partnership is set up between a management company and a practice, according to Josh Freemire, a member at Epstein Becker Green.
If the practice later becomes unhappy with the arrangement, it might file a CPOM claim.
"So you have a professional who wishes to get out of their arrangement, and so they will frequently make accusations about the impropriety of the arrangement in order to hopefully get out of it," he said.
Freemire said the second most common type of CPOM claims occur between competitors. These happen when large national or multinational private equity groups prop up a practice competing with a local practice that doesn't have the same financial depth.
"And so the local folks are frustrated, and they complain to state boards or state legislators or attorney generals and say, 'The structure by which my competitors are getting this outside investment is inappropriate,'" he said.