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The Friday Five: Five Current ERISA Litigation Highlights - August 2022

This month’s Friday Five addresses cases considering: (1) whether monetary relief in the amount of lost benefits is an available remedy for breach of fiduciary duty; (2) the validity of an ex-spouse’s beneficiary designation...more

The Friday Five: Five Current ERISA Litigation Highlights - January 2022

This month’s Friday Five covers cases relating to: (1) whether a plaintiff may be entitled to AD&D benefits when their spouse died of an illegal drug overdose; (2) when a plaintiff can supplement the administrative record...more

The Friday Five: Five Current ERISA Litigation Highlights - August 2021

This month’s Friday Five covers cases relating to: (1) whether an insurer may seek reimbursement of LTD benefits after a plaintiff obtains a tort settlement, and the scope of discovery on class claims regarding the same; (2)...more

New Jersey Cannabis Program Off to the Races - Cannabis Regulatory Commission Holds First Meeting and the Clock Starts for...

On Monday, April 12, 2021, New Jersey’s newly formed and seated Cannabis Regulatory Commission (“CRC” or “the Commission”) — the body that will oversee New Jersey’s medical and adult-use cannabis programs — held its first...more

New Jersey Finally Enacts Adult-Use Cannabis Law, Simultaneously Addresses Decriminalization and Previous Convictions

Although it took much longer than expected following New Jersey’s November 2020 vote to legalize adult-use marijuana, Governor Phil Murphy finally yesterday signed several cannabis reform bills into law, including Assembly...more

The Friday Five: Five Current ERISA Litigation Highlights – January 2021

This month’s Friday Five covers cases relating to: what constitutes adequate consideration by an insurer of a disability claimant’s Social Security disability award; an analysis of various factors for consideration when a...more

Wheels Are in Motion for Recreational Marijuana in New Jersey and Several Other States

The clear winner after the November 3 election was marijuana. In four states – New Jersey, Arizona, South Dakota and Montana – voters approved initiatives to legalize recreational marijuana. South Dakota and Mississippi also...more

The Friday Five: Five Current ERISA Litigation Highlights - July 2020

This month’s Friday Five covers cases relating to: a court’s decision to hold an evidentiary hearing where factual disputes precluded summary judgment; dismissal of a claim for life insurance benefits of an ex-spouse who...more

Pennsylvania Senators Introduce Recreational Marijuana Legalization Bill

Overview - This week, Pennsylvania Senators Daylin Leach (D-Montgomery/Delaware) and Sharif Street (D-Philadelphia) introduced a bill, the “Adult-Use Cannabis Act” (Senate Bill 350), that would legalize adult-use (i.e.,...more

NJ Department of Health Changes Course on Medical Marijuana Licenses – Potential Licenses Reduced to 24

On July 1, 2019, the New Jersey Department of Health (NJDOH) issued a new Notice of Request for Applications (Notice), replacing the previous Notice that the NJDOH had issued last month, and announced that it is seeking new...more

NJ to Issue Up to 108 New Medical Marijuana ATC Licenses, Will Transform State’s Program

On June 3, 2019, the New Jersey Department of Health (NJDOH) issued a much-anticipated Notice of Request for Applications (Notice) and announced that it is seeking new applicants to operate up to 108 new medical marijuana...more

New Jersey Dept. of Health Amends State Medical Marijuana Rules

On May 13, 2019, the New Jersey Department of Health (NJDOH) announced amendments to the state’s medical marijuana rules aimed at expanding access to the program, which implements New Jersey’s Compassionate Use Medical...more

Third Circuit Says Public Disclosure Bar Does Not Stop FCA Suit Where Claim Was Dependent on Combination of Public and Non-Public...

On September 4, 2018, the Third Circuit revived a False Claims Act (FCA) suit against PharMerica Corporation that the District Court had dismissed based on the FCA’s public disclosure bar. ...more

Texas Court Holds Compliance Auditor Not Liable to Employer for Alleged Use of Confidential Information in FCA Suit Against...

A Texas appellate court recently affirmed a judgment against a healthcare consulting firm that claimed that its former employee had misappropriated its confidential information to use in a False Claims Act (“FCA”) lawsuit...more

Sixth Circuit Affirms Dismissal of FCA Claim Based on Health Data Breaches

The U.S. Court of Appeals for the Sixth Circuit recently affirmed the dismissal of a False Claims Act (FCA) case premised on protected health data breaches. In United States ex rel. Sheldon v. Kettering Health Network, the...more

Vanguard Attorney's Whistleblower Suit Dismissed for a Violation of the New York State Ethics Rule Prohibiting Disclosure of...

On November 13, 2015, the Supreme Court of New York dismissed a former Vanguard Group tax attorney's New York False Claims Act whistleblower complaint against his former employer. The court held that the attorney violated New...more

White Collar Watch - October 2014

In This Issue: - Government demonstrates willingness to enforce Affordable Care Act provision that could cost providers millions of dollars - Words can come back to haunt you: Boilerplate pleading could lead...more

White Collar Watch - September 2014

In This Issue: - Conditions of participation vs. conditions of payment – a recent trend in False Claims Act cases - SEC gives first whistleblower award to audit and compliance employee - Whistleblower...more

10/1/2014

White Collar Watch - August 2014

In This Issue: - Court of Appeals asked to clarify scope of Dodd-Frank Act whistleblower protections - Supreme Court to address circuit splits on wartime tolling and first-to-file bar - IRS amends...more

White Collar Watch

In This Issue: - Federal court unseals rare False Claims Act complaint against home mortgage servicer - Qui tam relators target – and gain access to – internal investigation on ground that attorney-client...more

Qui tam relators target – and gain access to – internal investigation on ground that attorney-client privilege does not apply

In Brief - A federal district court recently held that documents relating to a government contractor’s internal compliance investigations regarding fraud were not protected by the attorney-client privilege because...more

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

Google’s scanning of emails may constitute wiretapping: Federal District Court denies Google’s motion to dismiss class action...

In Brief - In a significant ruling on email privacy, the Northern District of California held that Google’s interception and scanning of user emails for the purpose of creating targeted advertisements and user profiles...more

White Collar Watch - October 2013

In This Issue: - Small businesses beware: IRS deploys “big data” to scrutinize cash transactions - Google’s scanning of emails may constitute wiretapping: Federal District Court denies Google’s motion to dismiss...more

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