Mark A. Rush

Mark A. Rush

K&L Gates LLP

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Blurring the Lines between False Claims Act Litigation and Putative Federal Malpractice Law: The DOJ Quietly Invokes “Worthless...

On October 10, 2014, the United States Department of Justice (“DOJ”) announced a civil settlement agreement (the “Settlement”) with Extendicare Heath Services, Inc. and its subsidiary Progress Step Corporation (collectively,...more

10/23/2014 - Corporate Integrity Agreement DOJ Extendicare Health Svcs False Claims Act Healthcare HHS Medicaid Medical Malpractice Medical Reimbursement Medicare Non-Judicial Settlement Agreements OIG Skilled-Care Providers Standard of Care Worthless Services Claims

Corporate Responses to Investigative Requests by the Federal Government

In light of these new realities corporations face, the first step a company should take is to establish internal guidelines addressing interaction with government agents. Companies should have a response policy in place and...more

9/4/2014 - Best Management Practices Government Investigations Investigations Policies and Procedures

Enhanced Protections for Federal-Employee Whistleblowers: Sign of Things to Come?

Whistleblowers who work for the federal government recently received greater protection under federal law. These additional protections are significant and close prior gaps in the protections afforded by previous statutes and...more

1/11/2013 - Garcetti Whistleblower Protection Enhancement Act Whistleblower Protection Policies Whistleblowers

Sending the Privilege Away: Attorney-Client E-Mails in the Corporate Setting

In a pending False Claims Act (“FCA”) case involving allegations of noncompliance with the federal physician self-referral law (the “Stark Law”), 42 U.S.C. § 1395nn, the United States District Court for the Middle District of...more

1/8/2013 - Attorney-Client Privilege Corporate Counsel Crime-Fraud Exception Email False Claims Act Stark Law Whistleblowers Work Product Privilege

Off-Label Marketing Questioned as a Viable Criminal Theory – But Stay Tuned

On December 3, 2012, a divided Second Circuit held in United States v. Caronia (“Caronia”) that the misbranding provisions of the Federal Food, Drug, and Cosmetic Act (“FDCA”) do not criminalize “the truthful off-label...more

12/17/2012 - FDA FDCA First Amendment Marketing Misbranding Off-Label Promotion Off-Label Use Pharmaceutical

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