Emily Lyons

2 months ago | jdsupra.com | Hunter Davis |Gejaa Gobena |Emily Lyons

On February 18, 2025, the First Circuit joined a growing list of circuit courts to hold that “but-for causation” is the correct causation standard in most False Claims Act (FCA) cases premised on alleged violations of the Anti-Kickback Statute (AKS). In so holding, the Court rejected the U.S. Department of Justice’s (DOJ) argument that a more lenient, vague “causal connection” standard should apply.

Oct 29, 2024 | jdsupra.com | Emily Lyons

As a part of the market removal process, retailers were instructed to remove the contaminated product from shelves. However, months after the recall, the Food and Drug Administration (the “FDA”) found through recall audit checks (RACs) that the recalled products remained on the shelves of the retailer’s stores – potentially available for sale and human consumption.

Jan 18, 2024 | jdsupra.com | Emily Lyons

In May 2022, when the Federal Trade Commission (FTC) proposed updates to its Guides Concerning Use of Endorsements and Testimonials in Advertising (Guides), it had been 13 years since the Guides were updated. Much has changed in the way that businesses marketed and sold their brands, products, and services over that period.