A federal appeals court recently upheld misdemeanor convictions of two former Acclarent Inc. executives for commercially distributing an adulterated and misbranded medical device by misleading the U.S. Food and Drug Administration regarding the device’s intended use.
Read on for details about the decision, which rejected claims that their off-label promotion amounted to constitutionally protected commercial…
Vesey Street Capital Partners (VSCP) has announced the completion of a majority recapitalization of Inceptua Group.
Inceptua, founded in 1997 and with its U.S. office in Princeton, N.J., is provider of clinical trial supplies and related services.
VSCP, based in New York, is private equity firm that specializes in buyouts of lower middle…
A federal appeals court recently upheld misdemeanor convictions of two former executives of Acclarent Inc, a medical device manufacturer, for commercially distributing an adulterated and misbranded medical device by misleading the FDA regarding the intended use of the device. In United States v. Facteau (89 F.4th 1 (1st Cir. 2023)) the First Circuit Court of Appeals rejected the duo’s claims that their off-label promotion amounted to constitutionally protected commercial speech, a legal theory that has previously gained some traction following the 2012 Second Circuit Court of Appeals decision in United States v. Caronia.
The healthcare sector is witnessing a trend toward consolidation, but it’s not just big hospital mergers making headlines. Private equity is playing a pivotal role in driving smaller consolidations within healthcare provider services.
In this episode of The Corner Series, McGuireWoods’ Geoff Cockrell talks to McGuireWoods antitrust partner Holden Brooks about the role of private…
On January 16, 2024, New Jersey became the thirteenth state to enact a comprehensive data privacy law, named the New Jersey Data Privacy Act (the “NJDPA”).
The NJDPA, which will take effect on January 15, 2025, includes some provisions that are different from other data privacy laws, thereby requiring entities that fall within its scope to examine their compliance obligations with respect to those provisions.
HealthEdge Investment Partners recently announced an investment in Radsource.
Radsource, based in Brentwood, Tenn., is a provider of subspecialty orthopedic and neurological MRI interpretations. Founded in 2001, the company is also known for its medical imaging technology solution, ProtonPACS, which it launched through a partnership with Intelerad.
HealthEdge, based in Tampa, Fla., makes…
The Appraisal Process
Even when an insurer agrees to cover an insurance claim, disputes often arise between the insurer and the insured as to the valuation of the loss, particularly for claims under commercial property and business interruption policies. In these circumstances, policyholders should consider whether and to what extent the dispute could be resolved through an appraisal process before resorting to litigation.
The consolidation wave of private equity-backed platforms has moved through different sectors at different times. One of the most recent sectors to see increased interest from private equity is cardiology.
This episode of The Corner Series introduces the “Executive Corner,” where McGuireWoods’ Geoff Cockrell is joined by Tim Attebery, CEO of Cardiovascular Associates of America…
In recent years, the Biden Administration has been vocal that combatting foreign public corruption is a key pillar of its national security efforts.[1] Consistent with those policy goals, on December 22, 2023, Congress passed the Foreign Extortion Prevention Act (FEPA), a long-awaited complement to the Foreign Corrupt Practices Act (FCPA). Where the FCPA targets those who offer or pay bribes to foreign officials, the new FEPA targets those who solicit and receive the bribes—the foreign officials themselves.
On December 23, 2023, New York Governor Kathy Hochul signed the New York LLC Transparency Act (“NYLTA”), which requires LLCs to disclose beneficial ownership information (“BOI”) to the New York Department of State. Effective December 21, 2024, the NYLTA will impose separate BOI reporting requirements on New York LLCs, which are also subject to the reporting requirements under the federal Corporate Transparency Act (“CTA”). McGuireWoods has published prior alerts on the CTA generally, the use of FinCEN identifiers to report BOI, FinCEN’s extension of the time to file from 30 to 90 days for entities created beginning January 1, 2024, and January 2024 updates regarding the CTA.
