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Frier Levitt Successfully Recovers Liquidated Damages for Violation on Non-Compete Clause

Recently, Frier Levitt Partner Michelle L. Greenberg, Esq., and Associate Nicole M. DeWitt, Esq. successfully settled a matter for a medical practice that claimed a physician previously employed by the group was violating a non-compete clause by practicing medicine within a restricted area. The physician argued that she was not in violation of the covenant because she was practicing medicine outside of the "restricted area" and disputed that the "restricted...

Regardless of the Recoupment Amount, PBM Audit Appeals are Essential to Prevent Network Termination Based on Negative Audit History

Often, many pharmacies allow PBM audit findings to go uncontested due to smaller claw back amounts. Even if a PBM audit does not result in adverse action beyond the recoupment of monies from the pharmacy, PBMs keep track of their network pharmacies' audit histories. Increasingly, PBMs are using prior audit results as justification to terminate the pharmacy years later after the pharmacy has another adverse audit finding. Though the smaller...