Brian McGovern

Brian McGovern

Cadwalader, Wickersham & Taft LLP

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Latest Publications


In Closely Watched Case, Federal Court Upholds the Government’s Position on Provider Mandate to Report and Return Medicare and...

The Patient Protection and Affordable Care Act (“PPACA”), signed into law on March 23, 2010, included a provision (the “Report and Refund Mandate”), broadly requiring health care providers, suppliers, Part D plans and managed...more

8/7/2015 - Affordable Care Act Civil Monetary Penalty CMS Compliance Department of Health False Claims Act Healthcare Healthcare Providers Managed Care Contracts Medicaid Medicare Medicare Part D Overpayment Overpayment Recovery Time Limits Reporting Requirements

Federal Appellate Court Ruling Sounds the Liability Alarm for Officers and Directors of Struggling Health Care Providers – Both...

Last month, the United States Court of Appeals for the Third Circuit issued an important, 28-page opinion that confirmed a jury verdict, holding former officers and directors of a not-for-profit health care provider in...more

3/6/2015 - Appeals Breach of Duty Commercial Bankruptcy Corporate Officers Directors Health Care Providers Jury Verdicts Non-Profits Personal Liability

First Amendment And Off-Label Promotion – Prosecute What I Do, Not What I Say

On December 3, 2012, the United States Court of Appeals for the Second Circuit vacated the conviction of Alfred Caronia (“Caronia”), who had been tried and convicted of participating in an unlawful conspiracy to introduce a...more

4/22/2014 - FDA FDCA First Amendment Interstate Commerce Misbranding Off-Label Promotion Prescription Drugs

Nonprofit Revitalization Act Of 2013 -- Best Governance Practices Made Mandatory

On December 18, 2013 Governor Cuomo signed into law the Nonprofit Revitalization Act of 2013 (the “Revitalization Act”), Assembly Bill Number 8072; Chapter 549 of the Laws of 2013. Intended “to reduce unnecessary and...more

1/27/2014 - Charitable Organizations Charitable Trusts Compliance Executive Compensation Non-Profits Reporting Requirements Transparency

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