James Holloway

James Holloway

Ober|Kaler

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Provider Waives Attorney-Client Privilege in Qui Tam Case by Asserting Compliance with Law

A federal district court recently rejected a health care provider’s claim of attorney-client privilege and ordered the provider to produce written communications with its lawyers regarding the provider’s compliance with the...more

10/14/2014 - Anti-Kickback Statute Attorney-Client Privilege False Claims Act Health Care Providers Qui Tam Stark Law Whistleblowers

Privilege Upheld for Internal Investigation Preceding False Claims Act Litigation

The D.C. Circuit recently issued an important decision upholding the attorney-client privilege to protect corporate internal investigations. In re: Kellogg Brown & Root, No. 14-5055, 2014 BL 180217 (D.C. Cir. June 27, 2014). ...more

7/8/2014 - Attorney-Client Privilege False Claims Act Internal Investigations Investigations Kellogg Brown & Root

D.C. Appeals Court Upholds Privilege For Internal Investigation Preceding False Claims Act Litigation

The KBR decision should not be interpreted as a sign that internal investigations of regulatory compliance are privileged per se. Companies should keep the following principles in mind when conducting any internal...more

6/30/2014 - Attorney-Client Privilege Compliance False Claims Act Internal Investigations Kellogg Brown & Root Popular Upjohn Warnings Whistleblowers White Collar Crimes

"Cursory Services" May Be "Worthless Services" Under False Claims Act

A recent federal court decision allowed the federal government to proceed with a False Claims Act (FCA) case involving an allegation that a health care provider’s “services were so cursory that they were worthless.” U.S. v....more

3/3/2014 - False Claims Act Fraud Medicare Physician Medicare Reimbursements Worthless Services Claims

PODCAST: How to Respond to a Search Warrant - Ten Practical Steps

Presented by Gina L. Simms and James P. Holloway of Ober|Kaler's Government Investigations and White Collar Defense Group, this podcast provides guidance to health care providers and other corporations on how to respond when...more

12/27/2013 - Law Enforcement Search & Seizure Search Warrant

PODCAST: Responding to a Government Subpoena or Other Document Demand - Six Helpful Hints

Presented by Gina L. Simms and James P. Holloway of Ober|Kaler's Government Investigations and White Collar Defense Group, this podcast provides guidance to health care providers and other corporations on how to respond to a...more

12/27/2013 - Attorney-Client Privilege Document Productions Document Requests Document Retention Policies Subpoenas

WEBINAR: Conducting an Internal Investigation: Managing Messages, Risks and Outcomes

In today’s regulatory environment, the prospect of a health care provider having to conduct an internal investigation is not a matter of “if,” but “when.” Whether an internal investigation is handled effectively or...more

11/15/2013 - Internal Investigations Risk Management

Lessons from Frankenstein: Don't Create a Whistleblower

Given the publicity generated by large settlements paid to whistleblowers, many individuals are regularly on the prowl for a qui tam lawsuit that will yield a large bounty. These eager whistleblowers may be likely to pursue a...more

11/11/2013 - Employer Liability Issues False Claims Act FDA Qui Tam Whistleblowers

Justice Department Intervenes in Qui Tam Lawsuit Alleging Antikickback and Stark Violations

The Justice Department recently intervened in a qui tam lawsuit against a home health provider and related individuals, alleging violations of the antikickback statute and the Stark Law, which also constituted alleged...more

8/16/2013 - Anti-Kickback Statute DOJ False Claims Act Home Health Care Qui Tam Stark Law

Justice Department Lawsuit Reveals Roadmap to Avoid False Claims Act Liability

Earlier this month, the Justice Department filed a lawsuit against Vitas Hospice Services, LLC, and related entities, alleging that Vitas fraudulently billed the Medicare program in violation of the False Claims Act (FCA)....more

5/23/2013 - False Claims Act Hospice Liability Medicare

Worthless Services: Giving Nothing Can Cost You a Lot Under the False Claims Act

Numerous courts have recognized that knowingly billing the federal government for “worthless services” may be a violation of the False Claims Act (FCA). Recently, an Illinois nursing home learned how costly worthless services...more

3/1/2013 - False Claims Act Nursing Homes Penalties Quality Assurance Programs Treble Damages Worthless Services Claims

Government Fails to Prove Alleged Kickback Scheme Violates False Claims Act

When the U.S Justice Department alleges a violation of the False Claims Act (FCA), some health care providers conclude that they must reach a settlement with the government because they cannot win — or cannot afford to win —...more

12/7/2012 - DOJ False Claims Act Healthcare Professionals Kickbacks

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