Second Circuit Adopts Prevailing Federal AKS Scienter Interpretation While Reviving State FCA Claims Over Potentially Different State AKS Scienter Standards
Arnold & Porter – The Second Circuit affirmed the dismissal of federal FCA claims against pharmaceutical distributor McKesson Corporation and its related subsidiaries, which were premised on federal Anti-Kickback Statute violations—but also reversed the dismissal of state FCA claims based on state anti-kickback violations.
🔒 Members Only · Compliance & Enforcement BriefYou’ve reached the member portion of this brief.Members read the full analysis and the source documents in every case digest, six days a week.
$750/year