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The Relationship Between Outside Counsel Investigations and Quality System Investigations, and What to Do when they Conflict

FDA Law

Anne Walsh of Hyman, Phelps & McNamara PC will be presenting on “ The Relationship Between Outside Counsel Investigations and Quality System Investigations, and What to Do when they Conflict ” as part of the Food and Drug Law Institute’s Enforcement, Litigation, and Compliance Conference on December 7-8 in Washington, DC.

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CONTINUED AGAIN: DEA Announces A Second Extension of its “Temporary Rule” Addressing Telemedicine Flexibilities After the End of the COVID-19 Pandemic Emergency

FDA Law

As a reminder, back in February 2023, HPM blogged about DEA’s two proposed rules for prescribing (1) controlled substances generally and (2) for buprenorphine use in opioid treatment.

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Get the 4-1-1 on your 1099s: 5th and 7th Circuits Permit Paying Volume-Based Compensation to Independent Sales Agents

FDA Law

Two recent cases from the Fifth and Seventh Circuits, however, support the legality of these arrangements in the absence of the government proving certain circumstances. Mallory , 988 F.3d 3d 730 (4th Cir. The case law on commission-based marketing agentsincluding the Sorensen decisionfollow in a similar vein.

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FDA’s Issues Draft Guidance on Accelerated Approval: A Substantial Evidentiary and Procedural Overhaul to this High-Profile Pathway

FDA Law

As such, we will publish a separate blog post focused on confirmatory trials and how FDA is interpreting this key provision of its accelerated approval authority. Further, the recent approval of Kebilidi for AADC is likely to follow this approach, suggesting that FDA may be gaining some comfort with type of ICE-clinical benefit relationship.

Clinic 64
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Update on CDER, CBER, and CDRH Meetings with Industry

FDA Law

The pandemic also deeply impacted how industry and the government conduct their operations. CDRH As of this blog post, CDRH has not made any official announcements regarding the resumption of in-person meetings. The pandemic had changed the way people live, work and communicate. Such changes are not limited to personal circumstances.

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How Soon Until the Kochava Geolocation Case Catches Up to Medical Device Companies?

FDA Law

The news wasn’t all bad for the government, but FTC’s now has some decisions to make. But the judge also dealt a blow to the government, dismissing its suit against Kochava. So, the government here has a choice to make. In this case, the potential for harm was not enough to sustain the suit.

Medical 59
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District Court Interprets EKRA

FDA Law

220 and was described on HP&M’s blog here. S&G Labs alleged during the litigation that they are paid on a “per test” basis by third party insurers, government agencies under the Medicare and Medicaid programs, and direct “self-pay” by some individuals. EKRA is codified at 18 U.S.C. § Graves , 2021 U.S. LEXIS 29248, at *2-3 (D.