Brian Simons

Brian Simons

Saul Ewing LLP

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White Collar Watch - July 2014

In This Issue: - Move over Big Pharma: Health care is not the only industry susceptible to False Claims Act scrutiny - Third Circuit affirms dismissal of False Claims Act suit, citing contract...more

7/18/2014 - False Claims Act FDA GSA License Agreements Licenses Medicaid Medicare Medtronic Omnicare Pharmaceutical Software

False claims by any other name: Medtronic and Omnicare cases illustrate the interplay between the False Claims Act and other...

- Government allegations of Medtronic’s alleged incentives to physicians for prescribing its medical devices lead company, while denying wrongdoing, to settle False Claims Act suit predicated on Anti-Kickback...more

7/16/2014 - DOJ False Claims Act FDA FDCA Medicaid Medicare Medtronics Omnicare SCOTUS

Reinsurance Redux - Winter 2014

In This Issue: - New York District Court Grants Summary Judgment for Reinsurer Where Insured’s Loss Did Not Reach Attachment Point Necessary to Trigger Coverage: The United States District Court for the Southern...more

2/7/2014 - Arbitration Arbitrators Equitable Estoppel Ex-Parte Communications Legal Costs Rebates Reimbursements Reinsurance Triggering Event

Justice Department sinks ex-Navy engineer’s 15-year kickback scheme

In Brief - Defendant’s sentence includes jail time, restitution of $18 million and a fine. - Case highlights importance of government contractors using compliance programs to identify wrongdoing and avoid...more

12/3/2013 - Anti-Kickback Statute DOJ Kickbacks Restitution U.S. Navy

White Collar Watch - November 2013

In This Issue: - The true cost of fines: Bills would address tax break for corporate fines - Senate approves new protection for criminal antitrust whistleblowers - Justice Department sinks ex-Navy...more

11/26/2013 - Antitrust Investigations Corporate Taxes DOJ Fines Kickbacks Whistleblowers White Collar Crimes

Reinsurance Redux - Fall 2013

In This Issue: - Southern District of New York Predicts That California Would Adopt Bad Faith Exception to Requirement That a Reinsurer Prove Prejudice for Late Notice Defense: The United States District Court...more

10/24/2013 - Arbitration Bad Faith Late Notices Prejudice Reinsurance Statute of Limitations

Reinsurance Redux - May 2013

In This Issue: - District of New Jersey Stays Medical Malpractice Suit Pending Arbitration: Finding that a dispute between a medical malpractice insurer and a reinsurance underwriter fell squarely within the...more

5/24/2013 - Discovery Late Notices Medical Malpractice Motion to Compel Motion To Reconsider Reinsurance Reporting Requirements Sunset Provisions

Reinsurance Redux - April 2013

In This Issue: - Assignment of Right to Collect on Reinsurance Treaty Held Not to Include Underlying Arbitration Clause: On February 25, 2013, the United States District Court for the Northern District of...more

4/24/2013 - Arbitration Arbitration Agreements Assignments Late Notices Reinsurance Removal Treaties

Casting a Smaller Net: Seventh Circuit Requires "Net Trebling" Under FCA – Potentially Impacting Settlement Dynamics for all...

The Seventh Circuit recently ruled that under the False Claims Act (“FCA”) treble damages should be calculated by the net amount of loss suffered by the government (after appropriate setoffs or credits are deducted) rather...more

4/24/2013 - False Claims Act Misrepresentation Mortgages Net Trebling Settlement The Clayton Act Treble Damages

White Collar Watch - April 2013

In This Issue: - Third Circuit Panel Liberalizes “Protected Activity” Immunity for Employees Claiming Whistleblower Status - Doing Time: A Requirement for White Collar Crime? - Casting a Smaller Net:...more

4/23/2013 - CMS Continuing Medical Education Financial Conduct Authority Fraud GPOs Protected Activity Publicly-Traded Companies Sarbanes-Oxley Settlement Shareholders Sunshine Act Transparency Whistleblower Protection Policies Whistleblowers White Collar Crimes

Supreme Court Holds SEC to Five-Year Statute of Limitations for Civil Enforcement Actions; Decision May Extend to Other Federal...

The Supreme Court recently rebuffed an attempt by the U.S. Securities and Exchange Commission (“SEC”) to gain more time to file actions to enforce civil penalties by invoking the “discovery rule.” In the case of Gabelli vs....more

3/25/2013 - Discovery Rule Gabelli v SEC SCOTUS SEC Statute of Limitations

White Collar Watch - March 2013

In This Issue: - Eleventh Circuit Holds that Production of Foreign Bank Account Records May be Compelled in Criminal Investigation Under Required Records Exception to Fifth Amendment Privilege - Supreme Court...more

3/22/2013 - Discovery DOJ Fifth Amendment Foreign Financial Accounts Honest Services Fraud Illegal Gratuities Motion to Compel Off-Label Promotion Records Exception SCOTUS SEC Statute of Limitations

Reinsurance Redux - March 2013

In This Issue: - New York Court of Appeals Reverses Decision Requiring Reinsurers to Follow the Fortunes on Asbestos Settlement Where There Were Questions of Fact With Respect to Reasonableness of Reinsured’s...more

3/19/2013 - Amended Complaints Arbitration Arbitration Agreements Follow-the-Fortunes Clause Reinsurance Settlement

Reinsurance Redux - January 2013

In This Issue: Federal Court in Wisconsin Holds That It Lacks Jurisdiction to Address Disqualification of Counsel in Arbitration The United States District Court for the Western District of Wisconsin declined to...more

1/29/2013 - Arbitration Disqualification Jurisdiction National Casualty Co. PHL Variable Insurance Company Reinsurance Reinsurance Group of America Standing U.S. Bank National Association Utica Mutual Insurance Co.

Death and Taxes? Recent Supreme Court Arguments in Gabelli v. SEC Concerning a General Statute of Limitations for Civil Fines May...

On January 8, the Supreme Court of the United States heard oral arguments in Gabelli v. S.E.C., 133 S. Ct. 97 (2012) on the question: By when must the government initiate an action to enforce a civil fine, penalty, or...more

1/25/2013 - Civil Monetary Penalty Discovery Rule Enforcement Fines Forfeiture Fraud Gabelli v SEC IRS SCOTUS SEC Securities Fraud Statute of Limitations White Collar Crimes

White Collar Watch - January 2013

In This Issue: - Death and Taxes? Recent Supreme Court Arguments in Gabelli v. SEC Concerning a General Statute of Limitations for Civil Fines May Also Affect How Long the IRS Has to Assess Penalties - Avoiding...more

1/23/2013 - Attorney-Client Privilege Discovery Rule Environmental Crimes EPA Fines Fraud Gabelli v SEC IRS Payroll Taxes Penalties Plea Negotiations Responsible Person Liability SCOTUS SEC Selective Waivers Statute of Limitations White Collar Crimes

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