October 26, 2010
The U.S. Department of Health and Human Services (“HHS”) recently issued several program guidances and announcements related to two federal prescription drug pricing programs: (1) the Section 340B Discount Drug Program (“340B Program”), administered by the Health Resources and Services Administration (“HRSA”); and (2) the Medicaid Drug Rebate Program (“MDRP”), administered by the Centers for Medicare & Medicaid Services (“CMS”). We have set forth below an overview of these recent developments.
I. 340B Program: Two Advance Notices of Proposed Rulemaking: Public Comments Sought
October 26, 2010
Last April, I summarized in detail a pending bill (House No. H4607) which would amend the current law on noncompetes. (See April 13, 2010 Blog Entry). The bill was considered a compromise bill since there was other legislation filed that sought to make all noncompetes in Massachusetts unenforceable (similar to California). While that bill has not progressed at all, many observers thought that the “compromise bill” would have support, even though it would have made many current agreements unenforceable and would have made it more difficult for employers to protect proprietary information.
October 25, 2010
In October 2010, in Xplore Technologies Corp. v. Killion, CV10-5013459S, a Connecticut state court examined whether a non-competition clause that had no specified geographic requirement was enforceable. The Court enforced the clause and held that the geographic area was defined by the uniqueness of the product at issue and the limited potential customers for it.
The plaintiff engineers, develops and markets rugged computer tablets intended for work under extreme conditions, such as the military or outdoor work for a company such as AT&T. The plaintiff’s only competitors in the business are Panasonic, Dell and the defendant DRS Technologies, Inc. (“DRS”). A former employee, who was employed by the plaintiff for approximately six years, agreed to join DRS to promote products and services, including the rugged computer, to businesses like AT&T. When the plaintiff sought an injunction to enforce the non-competition clause, DRS argued, among other things, that the clause was unenforceable because it had no geographic limit.
October 21, 2010
I was recently interviewed by Cindy Krischer Goodman, columnist of The Miami Herald’s Work/Life Balance Act Blog, to discuss the EpsteinBeckerGreen Women’s Initiative, and what women in the workplace should be doing to help each other advance in their careers. Please go HERE to read the interview.
October 19, 2010
Davis, Malm & D’Agostine, P.C. is pleased to announce that six of its lawyers were selected as 2010 Massachusetts “Super Lawyers Rising Stars” from a poll of Massachusetts attorneys conducted by Law and Politics Magazine. The six attorneys are featured in the November issues of Boston Magazine and Law & Politics Magazine, along with the other recipients. “Super Lawyers Rising Stars” are selected by Law & Politics after a rigorous multi-phase selection process that includes peer nominations and evaluations and independent evaluation of candidates by the Law & Politics’ attorney-led research staff. Selections are made on an annual, state-by-state basis and only 2.5% of the eligible attorneys in Massachusetts are selected. To qualify, an attorney must be age 40 or younger, or in practice for 10 years or less.
October 17, 2010
Lidings has authored the title “An Introduction to Russian Business Law”
Lidings, the Russian law firm dedicated to advising foreign companies on all aspects of Russian law, has recently authored the title “An Introduction to Russian Business Law”. Published by Aspatore Books, a Thomson Reuters business, this book discusses key aspects of Russian business law, providing an overview of theoretical legal issues as well as concentrating on practical areas of the law and analyzing recent findings from court cases.
Along with descriptions of the major fields within Russian business law, such as corporate, foreign investment, competition, employment, litigation, and arbitration, this book emphasizes the legislative regulation of specific business areas, including mining, banking and insurance, telecommunication, pharmaceutical, construction, retail, and others.
The authors also focus on more practical topics, from conducting legal due diligence in Russia to providing recommendations to investors on what corporate structure to choose.