PUBLICATIONS

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Encouraging Conservation of Natural Gas Through the Price Mechanism, 57 Denver L.J. 545 (1980)

 

Towards A Uniform Code Of Ethical Norms For Commercial Arbitrators, Newsletter of the American Bar Association International Commercial Arbitration Committee; Section on International Law and Practice (Winter 1994)

 

Punitive Damages Awards in Commercial Arbitrations: The Role of Federal Substantive Law in Deriving Contractual Intent, 102 Com. L.J. 306 (1997)

 

Pressing Claims For Redress Before The Courts: A Current Perspective For Healthcare Recipients And Providers, Newsletter of the American Health Lawyers Association HMOs and Health Plans Substantive Law Committee (Spring 1999)

 

Fifth Circuit Addresses Health Plan Liability Issues, Newsletter of the American Health Lawyers Association Healthcare Liability and Litigation Substantive Law Committee (Fall 1999)

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Responding to Subpoenas and Search Warrants, Contemporary Long Term Care (November 1999)

 

Whistleblowers’ Wings Clipped by Fifth Circuit, Contemporary Long Term Care (January 2000)

 

Supreme Court Rulings On RICO Actions And Implications For Health Insurers, Newsletter of the American Health Lawyers Association HMOs and Health Plans Substantive Law Committee (Spring 2000)

 

Monopsony Power and Aetna’s Acquisition of Prudential’s Managed Care Plans, Newsletter of the American Health Lawyers Association Antitrust Substantive Law Committee (Spring 2001)

 

Court Challenge Halts Administration’s Drug Discount Program for Seniors, Member Briefing for the American Health Lawyers Association HMOs and Health Plans Substantive Law Committee (November 2001)

 

Nursing Home Quality-of-Care Cases After Mikes v. Straus, 35 J. Health L. 327 (2002) (co-author)

 

U.S. Court In District of Columbia Upholds Michigan's Prescription Drug Program, Health Lawyers Weekly of the American Health Lawyers Association (April 18, 2003)

 

First Circuit Blocks Effort to Halt Massachusetts Medicaid Plan to Control Drug Costs, BNA Health Care Fraud Report (January 19, 2005)

 

Supreme Court Reviews Federal Preemption of State Claims for Damages in Medical Device Cases, Newsletter of the American Health Lawyers Association Life Sciences Practice Group (March 2008)

 

Supreme Court Precludes State Tort Damages Claims Against Medical Device Manufacturers, Newsletter of the American Health Lawyers Association Life Sciences Practice Group (September 2008)

 

U.S. Supreme Court Rules That State Damages Claims for Injuries Arising From Federally Approved Drugs Are Not Pre-Empted, BNA Life Sciences Law & Industry Report (May 22, 2009)

 

U.S. Supreme Court Rules on Honest-Services Statute:  Implications for Health Care Fraud Prosecutions, BNA Health Care Fraud Report (July 14, 2010)

 

Virginia Federal District Court Rules That the “Minimum Essential Coverage Provision” of the Patient Protection and Affordable Care Act Is Unconstitutional, BNA Health Law Reporter (December 23, 2010)

 

U.S. Supreme Court Rules on Pleading Requirements for Materiality and Scienter Elements for Rule 10b-5 Claims Brought Against Drug Manufacturers, BNA Life Sciences Law & Industry Report (July 29, 2011)

 

Application of the State-Action Doctrine to a Hospital Merger in Georgia, Bloomberg BNA Antitrust & Trade Regulation Report (June 14, 2013)

 

Continuing Enforcement Addressing Fraudulent Practices Defines the Landscape for 2014, Bloomberg BNA Health Care Fraud Report (January 9, 2014)

 

The Corporate Practice of Medicine Doctrine: Implications for Providers and Payers, Wolters Kluwer Reimbursement Advisor (February 23, 2015)

 

In an Era of Healthcare Delivery Reforms, The Corporate Practice of Medicine Is a Matter That Requires Vigilance, Health Law & Policy Brief 9, no. 1 (2015) : 1-23

 

The Foreign Corrupt Practices Act and Legal Exposures for the Health Sector When Doing Business in Foreign Countries, Bloomberg BNA Health Care Fraud Report (September 16, 2015)

 

Developing Law Under The False Claims Act for Medicare Part D and Medicaid Drugs, Bloomberg BNA Health Care Fraud Report (December 9, 2015)

 

Supreme Court Affirms the Viability of Implied False Certification of Liability Under the False Claims Act, Bloomberg BNA Health Care Fraud Report (August 17, 2016)

 

U.S. Supreme Court Rules that Arkansas Statute Regulating PBMs Is Not Preempted Under The Employee Retirement Income Security Act of 1974, Health Law & Policy Brief 15, no 2 (2021): 52-58

 

High Court Decision on Arkansas PBM Law, ERISA Opens Door to State Laws, Bloomberg Law (January 21, 2021)

 

Medicare Overpayments Ruling Hits Insurers’ Fraud Defenses, Bloomberg Law (August 25, 2021)

 

U.S. Supreme Court Rejects Rate Setting for Medicare Outpatient Drugs as Applied to 340B Hospitals, IND Health L. Rev. Blog (January 30, 2023)  .

 

Supreme Court Cases Raise Key Scienter Issue in False Claims Act, Bloomberg Law (March 10, 2023) 

 

The Fifth Circuit, in the Post-Chevron Era, Rejects Regulations to Implement the No Surprises Act, Yale Journal on Regulation, Notice & Comment (August 13, 2024)

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The U.S. Supreme Court Overrules the Chevron Doctrine, 49 Vt. L. Rev. 248 (2024)   

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Supreme Court Should Resolve False Claims Act Causation Question, Bloomberg Law (March 14 2025)

 

Contributor of articles to the National Law Review on varied topics of health law:

 

• "Supreme Court Forecloses Use of Supremacy Clause In Challenges To State Medicaid Payment Rates Brought By Medicaid Providers" (April 3, 2015)

• "Second Circuit Affirms Preliminary Injunction in Antitrust Suit Against Drug Companies for ‘Product Hopping’" (May 22, 2015)

• "In Affirming a Preliminary Injunction Against Drug Companies, Second Circuit Finds Coercion in Product Hopping Scheme" (June 1, 2015)

• “Federal Trade Commission Reaches Agreement to Halt Promotion of Medical Discount Cards” (November 23, 2015)

• “Supreme Court Rules Vermont’s Health Care Data Collection Law Federally Preempted” (March 10, 2016)

• “Health Care Delivery Reform: Senate Committee on Finance Holds Hearings on Stark Law” (July 14, 2016)

• “Federal District Courts Enjoin CMS’s Most Favored Nation Model Rule for Medicare Part B Drug Reimbursement” (January 9, 2021)

• “District Court Denies Declaratory Judgment and Other Relief In Suit Challenging the Application of the Anti-Kickback Statute and the Beneficiary Inducement Statute” (October 5, 2021)