Daniel C. Fundakowski

Daniel C. Fundakowski

Epstein Becker Green

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The False Claims Act and the Health Care Industry: 2014 Year in Review

On Nov. 20, 2014, the U.S. Department of Justice (“DOJ”) announced settlements and judgments for False Claims Act (“FCA”) cases totaling $5.7 billion (compared to $3.8 billion in fiscal year 2013), $2.3 billion of which was...more

12/12/2014 - Affordable Care Act Anti-Kickback Statute Anti-Retaliation Provisions DOJ False Claims Act Health Care Providers Overpayment Popular Retaliation Settlement Whistleblowers

Supreme Court Declines to Opine on Circuit Split Over Rule 9(b) Pleading Requirements for FCA Claims

On March 31, 2014, in U.S. ex rel. Nathan v. Takeda Pharmaceuticals North America, the Supreme Court of the United States declined to review a decision by the U.S. Court of Appeals for the Fourth Circuit upholding a district...more

6/7/2014 - Certiorari Dismissals False Claims Act Healthcare Fraud Medicare Off-Label Use Pharmaceutical Pleading Standards Popular Qui Tam Rule 9(b) SCOTUS Split of Authority Takeda Pharmaceuticals Whistleblowers

Idaho District Court First to Unwind a Physician Practice Deal

On January 24, 2014, in Federal Trade Commission v. St. Luke's Health System, Ltd. & Saltzer Medical Group, P.A., the U.S. District Court for the District of Idaho found that the acquisition of Saltzer Medical Group...more

2/3/2014 - Acquisitions FTC Healthcare The Clayton Act

Validating the Voidable: A Guide to the New Procedures to Ratify Defective Corporate Acts Under Delaware Law

On June 30, 2013, the governor of the State of Delaware signed legislation that amends the Delaware General Corporation Law ("DGCL"). Among the amendments are two new sections of the DGCL, Section 204 and Section 205, which...more

9/10/2013 - Corporate Governance New Legislation Stocks Voidable

HEALTH REFORM: OIG Issues Updated Guidelines for Evaluating State False Claims Acts: Is More State Litigation on the Horizon?

On March 15, 2013, the U.S. Department of Health and Human Services’ Office of Inspector General (“OIG”) released the Updated OIG Guidelines for Evaluating State False Claims Acts (“2013 Guidelines”), which replaces the...more

4/1/2013 - Affordable Care Act Civil Monetary Penalty False Claims Act FERA Healthcare Medicaid OIG Qui Tam

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