Conor Duffy and Ben Daniels Author Article on Second Circuit Interpretation of the Anti-Kickback Statute for Physicians Practice

Health Law Group member Conor O. Duffy and Business Litigation Group member Benjamin M. Daniels authored the article “Second Circuit affirms HHS rejection of direct copayment assistance under anti-kickback statute,” published in Physicians Practice on September 16, 2022. The article examines the recent decision by the U.S. Court of Appeals for the Second Circuit that rejected an appeal brought by Pfizer, Inc., regarding possible violation of the Anti-Kickback Statute (AKS). The decision addressed a proposed direct copayment assistance program where reimbursements would go directly to the patient looking to buy Pfizer’s own drugs. The Second Circuit upheld the Department of Health and Human Services’ (HHS) interpretation of the AKS as prohibiting the arrangement, which reiterates for health care organizations the importance of adhering to HHS guidance concerning federal fraud and abuse laws. The decision also emphasizes the government’s continued concerns with patient copayment assistance programs associated with pharmaceutical manufacturers that can directly influence purchases of the manufacturers’ drugs. This decision represents an important affirmation of HHS’ interpretive authority over the scope of the AKS and implicitly reinforces recent HHS guidance. Read the article.

Benjamin Daniels, Arila Zhou, Trevor Bradley and Jenna Scoville Author SPAC Litigation Article for Bloomberg Law

Capital Markets + Securities member Arila Zhou and Business Litigation Group lawyers Benjamin Daniels, Trevor Bradley and Jenna Scoville co-authored, “Litigation & Enforcement Fallout of the SPAC Boom,” published by Bloomberg Law in August 2022.

The article explained that special purpose acquisition companies (SPACs), once the darlings of the financial world, have faced mounting opposition. Class-action litigation has arisen around the country, with a focus on disclosure obligations, fiduciary duties, and scienter. At the same time, the Securities and Exchange Commission (SEC) rolled out proposed rules to regulate SPACs.

The article discussed trends in those cases, including the standard to evaluate SPAC business decisions, the success of the “forward-looking-statement” defense, and courts’ treatment of scienter. It also discussed how SPACs remain a critical tool for private companies that want to go public through a business combination. Read more.

Ben Daniels and Trevor Bradley Author Law360 Expert Analysis Article on Judicial Shift on SEC Admin Process

Business Litigation Group lawyers Ben Daniels and Trevor Bradley authored the article “5^th Circ. Ruling Signals Judicial Shift On SEC Admin Process,” published in Law360 on June 27, 2022. The Expert Analysis article analyzes the recent decision from the U.S. Court of Appeals for the Fifth Circuit, Jarkesy v. SEC, which declared the Securities and Exchange Commission’s entire administrative process unconstitutional, under several different theories. The U.S. Supreme Court is expected to review this decision, as it would transform how securities are regulated in the U.S. Read the article.

Ben Daniels Quoted in HBJ Article on University of Saint Joseph's Move to Co-Ed Undergraduate Programs

Business Litigation Group member, Ben Daniels, was quoted in the Hartford Business Journal article, “Four years after admitting men for first time, USJ sees steady undergrad enrollment growth” published on January 3, 2022. The article focuses on the challenges faced by lesser-known, all-women institutions related to declining enrollments and greater competition in recent years. Those market forces led West Hartford, Connecticut’s University of Saint Joseph (USJ) in 2018 to respond by admitting men in its undergraduate programs for the first time in its then-85-year history. One of the first challenges for USJ was simply getting the word out that the school would begin accepting men.

As the school began to explore the options it could employ, one answer was clear – athletics. Namely, legendary former University of Connecticut men’s basketball coach, three-time NCAA tournament champion, and member of the Basketball Hall of Fame, Jim Calhoun, who was hired by the university in 2018 to head its basketball program. “[USJ] focused on athletics in bringing Calhoun on,” said Ben, who has worked with higher education clients for more than a decade. “St. Joe’s promoted the men’s athletics program while also maintaining a focus on equity and inclusion and strong academics.” Read the full article here.

Robinson+Cole Expands Litigation Practice

Robinson+Cole is pleased to announce the addition of Benjamin M. Daniels as counsel in the firm’s Business Litigation Group. Daniels’ practice focuses on complex litigation and education law. He will be resident in the firm’s Hartford and New York offices.

“Ben has developed a strong record of handling the sophisticated legal matters before regulators and trial courts, including the U.S. Supreme Court. His deep and varied experience will further expand our national platform,” said Edward J. Heath, Chair of Robinson+Cole’s Business Litigation Group. “The respect of his clients is well-deserved, and we’re thrilled to bring him on board.” Read more in the press release.