In September 2023, the Centers for Medicare & Medicaid Services (CMS) released a new state total cost of care (TCOC) model called the States Advancing All-Payer Health Equity Approaches and Development (AHEAD) Model. This model follows in the footsteps of other successful state total cost of care (TCOC) models to improve health care spending, improve
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FTC Updates (March 11–15, 2024)
In mid-March, the FTC continued to back consumers’ right to repair, submitting a comment with the DOJ’s Antitrust Division to the U.S. Copyright Office in support of renewing and expanding exemptions for repair in the Digital Millennium Copyright Act (DMCA). The Commission is refunding consumers who were misled into purchasing goods, making student loan payments,…
Software Developments: CISA Finalizes Attestation Form, Triggering Secure Software Development Implementation
On March 11, 2024, the Cybersecurity and Infrastructure Security Agency (CISA) and the Office of Management and Budget (OMB) published an updated Secure Software Development Attestation Form, meaning that producers of software and providers of products containing software used by the federal government may be required to submit their attestations in the very near…
Nuziard v. Minority Business Development Agency: Another Blow To Federally Sponsored Affirmative Action Efforts
On March 5, 2024, a federal judge in Texas struck down a federally-sponsored racial preference extended to minority groups seeking to access capital and government contracts. Nuziard v. Minority Business Development Agency (“Nuziard”). Plaintiffs, who are non-minority business owners, challenged a preference provided by the Minority Business Development Agency (“MBDA”), a bureau of the Department of Commerce,…
Encouraging Signs that DOJ May Finally Be Using Its Dismissal Authority
For several years now, the United States Department of Justice (“DOJ”) has indicated an increased desire to exercise its dismissal authority over qui tam actions, even over the objections of relators who initially brought the claims. However, the slight uptick in such dismissals was seemingly stunted while United States ex rel. Polansky v. Exec. Health…
Attorneys General of Both Political Parties Remain Focused On Greenwashing
What You Need to Know
Key takeaway #1: To reduce risk of litigation and regulatory exposure, companies should review, verify, and substantiate any green claims, especially claims regarding generalized corporate environmental stewardship and net zero commitments.
Last week, New York Attorney General Letitia James filed a lawsuit against JBS USA Food Company and JBS USA Food Company…
Significant Implications for FCA Defendants: Second Circuit Clarifies “Willfulness” in McKesson Decision
In a pivotal ruling that may reshape the landscape of False Claims Act (“FCA”) litigation, the United States Court of Appeals for the Second Circuit adopted a nuanced interpretation of “willfulness” under the federal Anti-Kickback Statute (“AKS”).…
State AG Updates: February 29-March 6, 2024
Each week, Crowell & Moring’s State Attorneys General team highlights significant actions that State AGs have taken. Here are this week’s updates.
Multistate
- A coalition of 19 state attorneys general filed an amicus brief in support of Connecticut’s restrictions on large-capacity magazines and assault weapons in National Association for Gun Rights v. Lamont. The case
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FTC Updates (February 26 – March 11, 2024)
As we move forward our clocks to adjust for daylight saving time and enter the season of spring, the FTC is keeping quite busy. The FTC held multiple events, proposed various settlement orders, and issued new rules covering a host of industries and topical areas, including healthcare, privacy, and telemarketing. Most importantly, the FTC welcomed…
BIS and DDTC Amendments Add Nicaragua to EAR Country Group D and ITAR § 126.1
On March 15, 2024, the Bureau of Industry and Security (BIS) and the Directorate of Defense Trade Controls (DDTC) amended the Export Administration Regulations (EAR) and the International Traffic in Arms Regulations (ITAR) to implement new restrictions on trade with Nicaragua.
BIS’s amendments moved Nicaragua from Country Group B to Country Group D, applying a…