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False Claims Act Update

New Criminal Division Review Process for Qui Tam Complaints Expands Main Justice Involvement and Threatens Greater Criminal Exposure in Whistleblower Investigations. The Assistant Attorney General for the Criminal...more

Illinois Supreme Court Debates Automatic Revocation of Certain Health Professionals' Licenses

Our reports on the oral arguments of the May term of the Illinois Supreme Court conclude this morning with Consiglio v. Department of Financial and Professional Regulation. Consiglio involves a constitutional challenge to...more

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

District Court has Jurisdiction to Hear OHS Matters

The New South Wales Court of Appeal (Court of Appeal) and the New South Wales Parliament have confirmed that the District Court has jurisdiction to hear prosecutions brought under the previous occupational health and safety...more

False Claims Act Focus - November 2013

EDITOR’S NOTE - Recent months have provided interesting developments in the False Claims Act (“FCA”) case law, and the future promises even more. Defendants in many FCA cases that proceed to litigation file...more

Federal Court Cases May Have Some Healthcare Providers Asking for Peace, Not War

Last summer, a federal judge in Houston ruled that the Wartime Suspension of Limitations Act (WSLA), found in Title 18, § 3287 of the U.S. Criminal Code, applied to a civil False Claims Act (FCA) case and suspended the...more

Weekly Law Resume - June 6, 2013: Insurance Coverage – Insurance Code Section 533(b) and Defense of Criminal Complaints

Mt. Hawley Insurance Company v. Richard R. Lopez, Jr. - Court of Appeal, Second District (May 1, 2013) - Insurance Code Section 533 provides that an insurer is not liable for willful acts of an insured, and thus is...more

Counties in California Can Learn a Few Lessons from State on Inmate Health Care - BB&K Health Care Attorney Shares Tips on...

Inmates in the Riverside County jails served a federal class-action lawsuit last month, claiming the county is subjecting them to cruel and unusual punishment by depriving them of basic medical and mental health care. A...more

Business Litigation Report -- October 2012

In This Issue: Firm News: ..Kathleen Sullivan Named a “Top 10 Female Litigator” by Benchmark Litigation and Euromoney Legal Media Group ..Pharma Patent Litigators Nick Cerrito and Eric Stops Join Quinn Emanuel...more

Federal Criminal Lawyer Douglas McNabb of McNabb Associates - News On Current Federal Criminal Cases

October 19, 2012 - The Federal Crimes Watch Daily The Federal Crimes Watch Daily is a daily newspaper that discusses current federal criminal issues written by a federal criminal defense attorney. Topics Include:...more

Qui Tam Relator Not Original Source; U.S. ex rel. Repko v. Guthrie Clinic

In U.S. ex rel. Repko v. Guthrie Clinic et al., the Third Circuit recently ended an attempt by Rodney Repko, former general counsel and executive vice president for Guthrie Healthcare System and its related entities, to bring...more

D.C. Circuit Affirms HHS Power to Disqualify Corporate Officials Convicted of Misdemeanors Under the "Responsible Corporate...

On July 27, 2012, the U.S. Court of Appeals for the D.C. Circuit issued the long-anticipated decision in Friedman v. Sebelius. Friedman addressed whether the U.S. Department of Health and Human Services (HHS), through its...more

Shorts on Long Term Care - August 2012: Heck No, I Won’t Go

My office phone rings and it’s one of my favorite clients. We just finished working on an appeal of a resident discharge and were expecting the Division of Medical Assistance hearing officer decision any day. I felt pretty...more

D.C. Circuit Rejects Length of Purdue Executives’ Exclusion but Remands for Reconsideration

On July 27th, the U.S. Court of Appeals for the D.C. Circuit purportedly handed the Office of Inspector General for the Department of Health and Human Services (OIG) a loss in its bid to exclude Purdue Frederick Company...more

How to Be Prepared for a Search Warrant

Private or government investigations usually start with a request for records. In more egregious situations, the FBI or other state or federal agency could show up and take records pursuant to a search warrant. If state...more

The OIG Backs Off Intended Exclusion of Forest Laboratories’ CEO

On August 5, 2011, the Office of the Inspector General, U.S. Department of Health and Human Services (the “OIG”), notified Howard Solomon, the CEO of Forest Laboratories, that the OIG would take no action against him under...more

Health Law Alert: Take Steps to Prevent Spoliation When Using Electronic Records

Q. I am the local manager of a national laboratory. We just received a subpoena from the U.S. Department of Health and Human Services Office of the Inspector General seeking requisition forms, billing policies, and...more

White Collar and Health Care Enforcement Defense Alert: In-House Counsel Indicted in Responding to Government Inquiry

Having investigated and prosecuted, sometimes unsuccessfully, pharmaceutical and biotech companies and their executives for years, the government this week has turned its might on a pharmaceutical company’s associate general...more

Fighting Off-Label Qui Tam Suits: Have Federal Courts Encouraged Filing Of Speculative FCA Claims?

Pharmaceutical and medical device companies that would like to discuss off-label uses of their FDA approved products with health care professionals face a treacherous path paved with substantial uncertainty, including the...more

Health Law Washington Beat: Recent Health Industry News - Issue 11

IN THIS ISSUE: *The United States Supreme Court Grants Petition for Review of a False Claims Act Case *HEAT in Action *The Health IT Policy Committee Releases Draft Recommendations on “Meaningful Use” Definition...more

Alternative Sentencing Theory

Proposes a constitutional framework around which judges may sentence people charged with drug and alcohol-related crimes to faith-based programs rather than prison. Such a course of action, according to the author,...more

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