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Monday, April 21, 2025

First Circuit Adopts "But For" Causation Standard under the Anti-Kickback Statute, Paving the Way for Potential Supreme Court Review - WilmerHale

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Last week, the First Circuit Court of Appeals issued its long-awaited decision in United States v. Regeneron Pharmaceuticals1 with significant implications for health care companies facing allegations of violations of the False Claims Act (FCA) premised on violations of the Anti-Kickback Statute (AKS).2 Regeneron arose in 2020 when the Department of Justice sued Regeneron Pharmaceuticals directly and alleged that it paid millions of dollars to a charitable co-pay foundation in order to induce physicians to prescribe a Regeneron drug used to treat various eye diseases, in violation...



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