Kracov Shares Insights on Healthcare Regulatory Impact of SEC v. Jarkesy

Dan Kracov, chair of the firm’s Life Sciences Industry practice, was recently quoted in the Law360 article, “Jarkesy Decision May Hit Key Healthcare Enforcement Tool.” The piece discusses the U.S. Supreme Court’s recent decision in SEC v. Jarkesy, where it ruled that defendants facing civil monetary penalties (CMPs) from the U.S. Securities and Exchange Commission (SEC) have a right to a jury trial.

The reporter notes that the decision could jeopardize administrative adjudications across the federal government, including key healthcare agencies and offices like the HHS Office of Inspector General, the Centers for Medicare & Medicaid Services, the HHS Office for Civil Rights, and the U.S. Food and Drug Administration (FDA).

Kracov told Law360 that companies facing CMPs from the FDA might be able to use the Supreme Court’s decision to receive a better settlement.

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