Partner Annie Kastanek and Co-Counsel Stephen Lee Discuss Seventh Circuit Victory with Crain’s Chicago Business
Publications
April 24, 2025
Annie Kastanek, Co-Chair of the firm’s Appellate and Supreme Court Practice, and outside Co-Counsel Stephen Lee discussed the implications of their recent victory in United States v. Sorensen for the healthcare industry with Crain’s Chicago Business.
The article, “Anti-Kickback Appeal May Clarify Legality of Health Care Advertising Deals,” discusses the US Seventh Circuit Court of Appeals’ rare decision to overturn a defendant’s conviction under the Anti-Kickback Statute.
In the article, Annie says the ruling is significant, as it’s the Seventh Circuit’s “first comprehensive examination of how the Anti-Kickback Statute applies to advertising and marketing arrangements in the health care sector.”
She noted that the court established a crucial distinction between two types of payments: illegal kickbacks to those who can make and influence health care decisions versus legitimate compensation for advertising services.
"This ruling provides much-needed clarity on permissible marketing and advertising relationships in health care," Annie said. "Organizations can engage in certain percentage-based compensation arrangements for marketing services without automatically running afoul of the Anti-Kickback Statute, provided these arrangements don't interfere with independent medical decision-making.”
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© 2026 Jenner & Block LLP. Attorney Advertising. Jenner & Block LLP is an Illinois Limited Liability Partnership including professional corporations. This publication, presentation, or event is not intended to provide legal advice but to provide information on legal matters and/or firm news of interest to our clients and colleagues. Readers or attendees should seek specific legal advice before taking any action with respect to matters mentioned in this publication or at this event. The attorney responsible for this communication is Brent E. Kidwell, Jenner & Block LLP, 353 N. Clark Street, Chicago, IL 60654-3456. Prior results do not guarantee a similar outcome. Jenner & Block London LLP, an affiliate of Jenner & Block LLP, is a limited liability partnership established under the laws of the State of Delaware, USA and is authorised and regulated by the Solicitors Regulation Authority with SRA number 615729. Information regarding the data we collect and the rights you have over your data can be found in our Privacy Notice. For further inquiries, please contact dataprotection@jenner.com.
Publications
April 24, 2025
Annie Kastanek, Co-Chair of the firm’s Appellate and Supreme Court Practice, and outside Co-Counsel Stephen Lee discussed the implications of their recent victory in United States v. Sorensen for the healthcare industry with Crain’s Chicago Business.
The article, “Anti-Kickback Appeal May Clarify Legality of Health Care Advertising Deals,” discusses the US Seventh Circuit Court of Appeals’ rare decision to overturn a defendant’s conviction under the Anti-Kickback Statute.
In the article, Annie says the ruling is significant, as it’s the Seventh Circuit’s “first comprehensive examination of how the Anti-Kickback Statute applies to advertising and marketing arrangements in the health care sector.”
She noted that the court established a crucial distinction between two types of payments: illegal kickbacks to those who can make and influence health care decisions versus legitimate compensation for advertising services.
"This ruling provides much-needed clarity on permissible marketing and advertising relationships in health care," Annie said. "Organizations can engage in certain percentage-based compensation arrangements for marketing services without automatically running afoul of the Anti-Kickback Statute, provided these arrangements don't interfere with independent medical decision-making.”
Related Lawyers
Related Capabilities
Related Locations
© 2026 Jenner & Block LLP. Attorney Advertising. Jenner & Block LLP is an Illinois Limited Liability Partnership including professional corporations. This publication, presentation, or event is not intended to provide legal advice but to provide information on legal matters and/or firm news of interest to our clients and colleagues. Readers or attendees should seek specific legal advice before taking any action with respect to matters mentioned in this publication or at this event. The attorney responsible for this communication is Brent E. Kidwell, Jenner & Block LLP, 353 N. Clark Street, Chicago, IL 60654-3456. Prior results do not guarantee a similar outcome. Jenner & Block London LLP, an affiliate of Jenner & Block LLP, is a limited liability partnership established under the laws of the State of Delaware, USA and is authorised and regulated by the Solicitors Regulation Authority with SRA number 615729. Information regarding the data we collect and the rights you have over your data can be found in our Privacy Notice. For further inquiries, please contact dataprotection@jenner.com.
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