U.S. ex rel. Langer v. Zimmer Biomet (US District Court for the District of Massachusetts) January 12, 2024
Relator was contending that commission-based contract sales arrangements are per se violations of the AKS. AdvaMed® noted that this suit is the first time a plaintiff has alleged that a device manufacturer violates the AKS anytime it uses independent contractors on a 1099 basis and pays them a commission, thereby rendering any claim for payment for the manufacturer’s devices a violation of the FCA and similar state FCAs.
Read a copy of the AdvaMed® amicus brief.
Related Reading
Event / Code of Ethics / Legal
MedTech Compliance Bootcamp
September 16, 2025 | 8:00 AM – 6:30 PM
September 17, 2025 | 8:00 AM – 2:00 PM
Save the date for this comprehensive compliance bootcamp to better understand the current medtech compliance framework.
Event / Compliance / Global & Trade / Legal
U.S. National Security & Business: Navigating Sanctions, Export Controls, CFIUS, and Outbound Investment Under the Trump Administration
June 25, 2025
1:00 PM – 2:00 PM
Akin will provide a CLE program covering the latest legal issues for inbound trade and investment, including the Trump Administration’s approach to trade policy and tariff issues, and strategies medical technology companies can employ to assess and mitigate legal risk. Attendees are eligible to receive 1.0 CLE.
Resource / Coverage & Payment / Diagnostics / Global & Trade / Government & Legislative Affairs / Health Equity / Legal / Regulatory Affairs / Small Business
The Medical Innovation Agenda for the 119th Congress
March 13, 2025
AdvaMed®’s medtech priorities for the 119th Congress highlight opportunities to address the most important issues facing patients and the medical technology industry today.
Blog / Amicus Briefs / Legal
Smith v. Terumo BCT (Colorado Court of Appeals) March 6, 2025
March 6, 2025
AdvaMed® filed an amicus brief in the case of Smith v. Terumo BCT, Inc. The case concerns whether the court should create a cause of action for asymptomatic plaintiffs, permitting recovery based solely on the possibility of future injury.
Event / Global & Trade / Legal
Navigating Inbound Trade & Investment: Strategies for Medtech in the Era of Tariffs & Trade Legal and Policy Shifts
March 19, 2025: 1:00pm – 2:00pm ET
Akin will provide a CLE program covering the latest legal issues for inbound trade and investment, including the Trump Administration’s approach to trade policy and tariff issues, and strategies medical technology companies can employ to assess and mitigate legal risk. Attendees are eligible to receive 1.0 CLE.
Resource / Legal
Washington Health Innovation Council Third-Party Litigation Funding Report
February 28, 2025
Resource / Legal
AdvaMed® Medical Device Mass Tort TV Ad Trend – Q4 2024
February 10, 2025
Resource / Legal / Physicians Payment Sunshine Act
AdvaMed® Recommendations to CMS Regarding Sunshine Reporting Audits
December 20, 2024
AdvaMed®, the world’s leading medtech trade association, communicated to Centers for Medicaid & Medicare Services (CMS) recommendations regarding administration of the Open Payments program.