August 28, 2024 | 1 - 2 pm

High Court’s Healthcare Impact: Fines, FDA Authority, and More Post-Loper Bright and Jarkesy

Panelists:
Brenna Jenny, Partner, Sidley Austin LLP
Sean C. Griffin, Partner, Sidley Austin LLP

Description:

The Supreme Court’s June 2024 pronouncements on judicial deference and the Seventh Amendment created new opportunities and risks for businesses regulated by HHS, including FDA and CMS. Our speakers will leverage directly relevant private and public client representation to assess the opportunities, which include challenging HHS regulatory overreach and seeking adjudication of civil monetary penalties in courts rather than in-house agency processes, and the risks, such as less predictability in drug approval and a shift to equitable forms of remedies.

Click HERE for panelists’ slide deck.

Panelists

Brenna Jenny
  • Brenna is a partner in the Washington, DC office of Sidley Austin LLP. She represents clients in the healthcare industry in government enforcement actions, internal investigations, and compliance reviews. Brenna previously served as the Principal Deputy General Counsel at HHS and the Chief Legal Officer for the Centers for Medicare & Medicaid Services (CMS). Prior to joining HHS, Brenna served as Counsel to the Assistant Attorney General of the Civil Division of DOJ.

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Sean C. Griffin
  • Sean is a partner in the Washington, DC office of Sidley Austin LLP. He represents life science clients in disputes with state and federal agencies and in government enforcement matters. He routinely represents clients before FDA and CMS, as well as in courts around the country.

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