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Nov. 2, 2022

United States v. Schena: a criminal conviction under ekra creates uncertainty about the statute's scope.

See more on United States v. Schena: a criminal conviction under ekra creates uncertainty about the statute's scope.

Randy Luskey

Partner
Paul, Weiss, Rifkind, Wharton & Garrison LLP

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Michael Milea

Associate
Paul, Weiss, Rifkind, Wharton & Garrison LLP

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Last month, the United States obtained the first criminal conviction under the Eliminating Kickbacks in Recovery Act (EKRA) for conduct outside the addiction-recovery context. That conviction, and the denial of the defendant's motion to dismiss in that case, may have far-reaching implications for certain compensation arrangements between clinical laboratories and their salespeople.

EKRA, enacted in 2018, prohibits, among other things, "p...

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