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Seventh Circuit Holds Pharmacy Billing Medicaid For Drug Prices Above Private Rates Is Not Fraudulent

On November 12, 2014, the Seventh Circuit upheld the dismissal of a False Claims Act action challenging a retail pharmacy chain’s practice of billing Medicaid for the price differential between the higher Medicaid-negotiated...more

The Seventh Circuit Rejects Medicaid False Claims Act Suit

The United States Court of Appeals for the Seventh Circuit affirmed the dismissal of a False Claims Act (“FCA”) case against Shopko Operating Stores, LLC, in which a former Shopko pharmacist asserted Medicaid billing...more

"U.S. v. Novartis: Reaffirming the Importance of Updating and Adhering to Corporate Policies"

A recent decision in a false claims act case, United States ex rel. Bilotta v. Novartis Pharmaceuticals Corporation (Novartis), underscores the importance of policing employee adherence to corporate policies and industry...more

Certifications Under the Trade Agreements Act: 10 Tips to Avoid TAA Traps for the Unwary

On September 3, 2014, U.K.-based medical device maker Smith & Nephew (the ‘‘Company’’) agreed to pay $8.3 million (plus an additional $3 million in attorney’s fees) to resolve a lawsuit filed under the federal civil False...more

Third Circuit Tightens “Original Source” Requirement for Whistleblowers

Back in 2003 Karl Schumann filed a whistleblower suit alleging that as an executive with benefits company Medco, he learned that Bristol-Myers Squibb and AstraZeneca paid kickbacks to Medco to buy and recommend brand name...more

Mintz Levin Health Care Qui Tam Update - Recent Developments & Unsealed False Claims Act Cases: October 2014

Trends & Analysis - Between our last Qui Tam Update and the end of June, 65 health care–related qui tam cases were unsealed (28 in April, 18 in May, and 19 in June). Within those 65 cases...more

September 2014 Independent Contractor Compliance and Misclassification Update

This month’s headline developments are the crescendo of cases finding against FedEx Ground’s classification of drivers as independent contractors. On the heels of last month’s decision by the U.S. Court of Appeals for the...more

U.S. Attorney General Intervenes in Whistleblower Suit Against Computer Software Industry Leader

The U.S. Attorney General recently intervened in a qui tam case brought by a current employee of California-based computer software giant Symantec Corporation, alleging violations of the federal, California, Florida and New...more

White Collar Watch - July 2014

In This Issue: - Move over Big Pharma: Health care is not the only industry susceptible to False Claims Act scrutiny - Third Circuit affirms dismissal of False Claims Act suit, citing contract...more

Government Contracts Quarterly Update - February 2014

The Government Contracts Quarterly Update is published by BakerHostetler's government contracts practice group to inform our clients of the latest developments in federal government contracting. This update covers the...more

Legal Advisor Newsletter - First Quarter 2014

In this issue: - Are You Ready for the Cybersecurity Boom? - Size Appeal of Mali, Inc., SBA No. SIZ-5506 (2013) - Be A Resolved Employer in 2014 - 2014: Year of the WOSB - Excerpt from Are You...more

Paying for Family Vacations With NIH Funds Triggers FCA Lawsuit and Settlement

Northwestern University will pay $2.93 million to settle a federal False Claims Act (FCA) lawsuit brought by a former employee who alleged Northwestern allowed a researcher to submit false claims under certain cancer research...more

Northwestern University Settles Cancer Research False Claims Act Lawsuit

On July 30, 2013, the United States Attorney’s Office for the Northern District of Illinois announced that Northwestern University entered a settlement agreement to pay the United States $2.9 million to settle False Claims...more

Contractors: Is Your Company’s Web Site Accessible to Individuals With Disabilities? (OFCCP Thinks It Should Be)

In December, 2011, the Office of Contract Compliance Programs (OFCCP) caused much consternation among the federal contracting community by publishing proposed changes to the affirmative action and nondiscrimination...more

White Collar Watch - April 2013

In This Issue: - Third Circuit Panel Liberalizes “Protected Activity” Immunity for Employees Claiming Whistleblower Status - Doing Time: A Requirement for White Collar Crime? - Casting a Smaller Net:...more

Unauthorized Access of President Obama's Student Loan Data Ends in Computer Fraud Conviction

The proof at trial was wholly circumstantial, but, as the court found, was sufficient for the jury to convict. As the court explained, “the government introduced evidence establishing that on August 27, 2008, Teague's...more

Invention Assignment Following Stanford v. Roche: Implications for Technology Transfer and Government Contracts

Last week the United States Supreme Court clarified the respective invention ownership rights between federal contractors and their employee-inventors under the Bayh-Dole Act (35 U.S.C. §§201(e), (c), 202(a)) (the “Act”) in...more

Technology Exports: Uncertainty Around Form I-129 Persists

Beginning on February 20, 2011, the U.S. Bureau of Citizenship and Immigration Services (“CIS”) assumed a role in the U.S. Government's increasing regulation of technology exports. The new role for CIS relates to the transfer...more

Supreme Court Decision: Board of Trustees of the Leland Stanford Junior University v. Roche Molecular Systems, Inc.

In its decision announced yesterday in Board of Trustees of the Leland Stanford Junior University v. Roche Molecular Systems, Inc., 563 U.S. ___ (2011), the Supreme Court clarified the ownership of inventions resulting from...more

Employment Advisory: U.S. Department of Labor's Office of Federal Contract Compliance Programs Unveils New Initiatives for...

In July, the U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) launched two new initiatives designed to help veterans and individuals with disabilities: The Good Faith Initiative for...more

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