Law360 Quotes Robert Salcido on Health Care Litigation to Watch in 2021

January 3, 2021

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Akin Gump health care and life sciences partner Robert Salcido has been quoted in the Law360 article “Epic Litigation Landscape Awaits Health, Life Sci Attys In 2021.” The article explores some of the most important litigation that is expected this year involving the health care and life sciences industries.

One area to watch, according to Law360, revolves around the CARES Act and the potential legal liability associated with it. Some cases have already been brought against individuals for seemingly obvious instances of fraud, but the article says 2021 is likely to shed light on what enforcement will look like in cases with gray areas.

“To the extent there’s been cases, they have been pretty much blatant cases where people [created] fictitious companies in order to gain [federal] funds, or they used those funds to purchase exotic cars,” said Salcido. “I think what we’re going see over the next year are much more nuanced cases brought against health care facilities.”

The article also noted that the Supreme Court will look at several significant cases for the health care and life sciences industries, including a Circuit split involving the False Claims Act and two petitions from health care providers asking whether the statute requires “objective falsity.”

The Circuit split, observed Salcido, “will be a big issue in 2021.”

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