The Limits of the Anti-Kickback Statute in Marketing Situations (On-Demand Webinar)

Date: 09/10/25

Closed captions are available.

Overview: The federal government has pushed an aggressive theory of the Anti-Kickback Statute (AKS) in criminal cases around the country, applying it to marketing situations. Recent decisions by the Fifth and Seventh Circuits have rejected the government's theory in particular circumstances and have better defined what a "referral" means for purposes of the AKS. Hear from the attorneys involved in the recent case of U.S. v. Sorensen, as well as the defendant Mark Sorensen, who describe what happened in the underlying case and what the opinion means for practitioners.

Learning Objectives: 

• Understand the government's theory of the AKS as applied to certain marketing scenarios.
• Understand how recent cases have defined what a "referral" means for purposes of the AKS.
• Lean about the Sorensen case and hear about the background of the case directly from participants.

Speaker Information:

Stephen Lee, Attorney, Stephen Lee Law

Annie Kastanek, Partner, Jenner & Block

Mark Sorensen, Owner, SyMed Inc

Moderator Information:

Stewart Kameen, Member, Bass Berry & Sims

Continuing Education: