Pharmaceutical

We represent and defend clients across the full spectrum of the pharmaceutical industry, including research and development companies, mainline pharmaceutical manufacturers, generic manufacturers; pharmacy benefit managers (PBM); and retail and hospital-based pharmacies.

Overview

Post & Schell provides litigation support and counseling through the entire spectrum of the pharmaceutical industry. From our work with large, multinational pharmaceutical companies to our close relationships with large retail chains and PBMs, we understand the nuanced needs of the business.

Overview

Related Practices

Attorneys

News & Insights

News

Mark L. Mattioli Rejoins Post & Schell's Health Care Practice Group as a Principal

Third Circuit Rules in Favor of Post & Schell Client, Rejecting Government's Claim of $1 Billion Loss from GSK Trade Theft

Amalia V. Romanowicz Named Co-Chair of Post & Schell's Professional Liability Department

Pennsylvania Department of State Board Counsel Kerry E. Maloney Joins Post & Schell as a Principal in its Harrisburg Office

Barbara Rowland Named to Health Care Editorial Advisory Board of Law360

Barbara Rowland Elected to the Board of Directors of the American Society for Pharmacy Law for 2017-18

Post & Schell Principal Robert J. Balch Selected for Lehigh Valley Business Magazine's 2017 Forty Under 40 Awards

Post & Schell Elects Seven New Principals in Harrisburg, Lancaster, Philadelphia, and Pittsburgh Offices

Barbara Rowland Joins Post & Schell's Internal Investigations & White Collar Defense Group

Media & Articles

Laily Sheybani Examines Criminal Liability for Non-Compete Clauses for Business Crimes Bulletin

Pat Lamb and Amanda Hammar Examine Federal Pre-emption of State Products Liability Laws for The Legal Intelligencer

Speaking Engagements

Angela Sanders and Matt Daggett Co-Present on the Interaction between FMLA, ADA, and Workers' Compensation for Lancaster SHRM on Sept. 30

Theresa Mongiovi and Jodi Wilenzik Present on Workplaces Investigations and Best Practices at Lancaster SHRM's June 2022 Breakfast Program on June 14

Ed Smallwood Co-Presents on Legacy Liabilities Associated with Defunct Entities at Perrin Conference on May 11

Joe Bongiovanni and Mariel Marsh Present Defense Perspective on PBI Webinar on June 18

Paul Logan Serves on Panel Discussion on COVID-19-Related Lending on Brown & Brown Webinar on April 22

Kerry Maloney Co-Presents on Pharmacy Compounding Regulations at PA Pharmacists Association Annual Conference on Sept. 20

Pat Byrne Serves on Opioids and Compounding Pharmacies Panel at Insurance Society of Philadelphia's 2018 I-Day on April 12

Barbara Rowland Presents on DEA Enforcement Actions and Using Data to Protect Against Diversion at ASPL's Developments in Pharmacy Law Seminar on Nov. 3

Barbara Rowland Moderates Panel on Pharmacists Acting as Care Providers at the ABA Health Law Section's Washington Health Law Summit on Dec. 7

Blogs and Thought Leadership

FTC Proposed Rule Would Eliminate Employment-Related Non-Competes

PA Commonwealth Court Orders Workers’ Compensation Medical Marijuana Reimbursement

The FTX Bankruptcy, Lack of Corporate Controls, and the Coming Regulatory Scrutiny

Employers Must Justify COVID-19 Testing as a “Business Necessity” Under Updated EEOC Guidance

"Black Robes, Not White Coats”: Defending Against Hospital Ivermectin Litigation in 2022

U.S. Supreme Court Blocks OSHA “Vaccinate or Test” Mandate But Upholds CMS’ Vaccine Requirement for Healthcare Workers

Sixth Circuit Dissolves Stay on OSHA's 100+ Employer COVID-19 Vaccine Mandate

Fifth Circuit Maintains Stay on OSHA’s 100+ Employer Mandate, Case Assigned to Sixth Circuit

OSHA Issues COVID-19 Vaccination Emergency Temporary Standard (ETS)

A Notice Deadline for COBRA Premium Assistance Under the American Rescue Plan is Fast Approaching

Congress Extends FFCRA Paid Leave...Sorta

Pittsburgh City Council Approves COVID-19-Related Paid Sick Leave

New Jersey to Require COVID-19 Precautions in all Public and Private Places of Employment Beginning November 5, 2020

DOL Issues Revised Regs on the FFCRA in Response to S.D.N.Y Decision

New York Federal Court Strikes Down Four FFCRA Regulations

Re-Opened for Litigation: Examining Potential for COVID-19 Third Party Exposure Claims Against Businesses and How to Mitigate and Defend Them

OSHA Issues Guidance to Employers on COVID-19

Post & Schell, P.C.'s Paycheck Protection Program Loan Forgiveness Tool

DOL to Begin Enforcement of FFCRA Paid Leave Obligations; Issues Additional FAQs

Pennsylvania Amends its Unemployment Law in Response to COVID-19

Employment Taxes During the COVID-19 Pandemic

DOL Issues Much Anticipated Regs and IRS Issues Guidance on Families First Coronavirus Response Act

Workers' Compensation Injuries, Employees Working from Home, and the COVID-19 Shutdown

Caution Urged with the PA WC Bureau's New EDI Recommendations for COVID-19 Claims

DOL Issues Third Round of Guidance on Families First Coronavirus Response Act

DOL Issues Second Round of Guidance on Families First Coronavirus Response Act

DOL Issues Initial Guidance on Families First Coronavirus Response Act and Publishes Required Model Notice

Employment Tax Aspects of the Coronavirus Response Act

Workers' Compensation Rights/ Obligations in Light of the Forced Government Shutdown Due to COVID-19

EEOC Issues New Guidance for Managing COVID-19 Risks Consistent with the ADA

President Signs Bill Requiring Employers to Provide Paid Leave to Employees Affected by the Coronavirus/COVID-19

House Amends Bill Requiring Employers to Provide Paid Leave to Employees Affected by the Coronavirus/COVID-19

U.S. House Passes Bill Requiring Employers to Provide Paid Leave to Employees Affected by the Coronavirus/COVID-19

Opioid Law Creates Addiction-Treatment Kickback Crime That Reaches Commercial Health Insurance

Eastern District of Pennsylvania Refuses to Keep FCA Qui Tam Complaint Under Seal to Facilitate Government's Settlement Negotiations

OIG 15-Year Exclusion for False Claims Act Violations by Lab Company and its CEO Sends Warning to FCA Defendants

Eastern District of Pennsylvania Forms Civil Enforcement Strike Force Adding Resources to False Claims Act Cases

Pennsylvania Supreme Court: Unfair Trade Practices and Consumer Protection Law Applies to Out-of-State Residents

Steps Employers Can Take to Prevent and Respond to Claims of Sexual Harassment

Third Circuit Rejects FCA Claims of Medicare Part D Fraud Applying Post-Escobar Materiality Bar; Acknowledges Validity of Government Knowledge Inference Defense

Pennsylvania Imposes New Withholding Requirements on Businesses

DOH Issues Temporary Regulations for Patients and Caregivers

DOH Issues Medical Marijuana Practitioner Rules

Off Label-Marketing and Free Speech: Report from APhA 2017 Annual Meeting

Government Contests Assertion of Attorney-Client Privilege in Assessing Cooperation

DOH Issues Temporary Regulations for Medical Marijuana Dispensaries

DEP Issues New Stormwater General Permit Requirements for Industrial Activity

Pennsylvania's Medical Marijuana Law, Health Care Providers, and Enforcement

The Enforceability of FDA's Off-Label Marketing Restrictions Following the Amarin Decision

HHS-OIG Senior Counsel Riordan Focuses on Kickbacks, Accountability, and the Role of Compliance in Pharma Compliance Congress Keynote

PharMerica Settlements Highlight Potential for Dual False Claims Act and Controlled Substances Act Liability for Invalid Prescriptions

Pennsylvania Supreme Court's Decision in Tincher v. Omega Flex, Inc. Leaves the State of Products Liability Litigation Up in the Air