Faegre Baker Daniels

The Law Doesn’t Forbid Submitting False Claims

An Eighth Circuit decision provides a reminder that the False Claims Act doesn’t forbid submitting false claims: it forbids knowingly submitting false claims. That made all the difference in an appeal of summary judgment in…more
| Government Contracting, Health

Anti-Kickback Regs Near Approval, After Only 19 Years

The White House is reviewing proposed regulations to ease restrictions on certain financial arrangements between hospitals and physicians and on certain transactions between providers and patients. The proposed regulations,…more
| Health

HHS Proposes 340B Dispute Resolution Process

From its inception the 340B program has been the subject of disputes between drug manufacturers and their safety-net hospital customers. On August 12 HHS proposed an administrative process for resolving those…more
| Health

NLRB Gives Students Right to Unionize

Undergraduate and graduate teaching assistants now have the right to organize and engage in collective bargaining, following the National Labor Relations Board’s (NLRB) Columbia University ruling on August 23, 2016. For most of…more
| Education, Labor & Employment Law

Policy for Employee Theft Including Forgery Doesn’t Cover Employee Forgery

A seller extends $90 million in credit to a customer, secured by letters of credit. When the debtor can’t pay, the seller discovers the instruments are fakes, forged by its own employee. Can the seller recover under a policy…more
| Labor & Employment Law, Finance & Banking

FERC Weighs PURPA Changes: What Do Renewable Energy Stakeholders Need to Know?

For a law originally passed in response to the energy crisis of the 1970s, The Public Utility Regulatory Policies Act (PURPA) has received a lot of recent attention from Congress and advocates for both investor-owned utilities…more
| Energy & Utilities

Byron Burger Bitten? Employers Should Chew on Immigration Enforcement Possibilities

Recently, U.K. newspapers have been filled with details of immigration enforcement activity in central London at Byron, a respectable upmarket chain of casual dining restaurants known for their high end burgers. The enforcement…more
| Labor & Employment Law, Immigration Law

Two New SEC Orders Further Limit Employers' Ability to Secure Employee Releases and the Breadth of Confidentiality Agreements

The Securities and Exchange Commission (SEC) has issued two orders challenging employee confidentiality agreements and indicating that companies must not condition employees’ receipt of severance payments and other…more
| Business Organizations, Labor & Employment Law, Securities Law

EMTALA Plaintiff Trips Over State Law Requirement

If you bring a case in federal court alleging violation of federal law, you might assume that you needn’t be concerned with procedural requirements of state law. But you could be wrong. Just ask Cynthia Glaskox. Cynthia…more
| Civil Procedure, Health

Hold it, Doctor! Don’t Hit the Send Button!

The Joint Commission made a big splash when it issued its “Update: Texting Orders” back in the spring. That Update rescinded the accrediting organization’s long-standing prohibition on sending physician orders via text…more
| Communications & Media Law, Health

Arbitrator to Decide Whether Arbitrator to Decide

Who gets to decide who gets to decide whether a claim can be arbitrated? That was the question before the California Supreme Court—not whether a claim can be arbitrated, but who gets to decide that question? Is it an…more
| Alternative Dispute Resolution (ADR), Civil Procedure, Civil Rights, Labor & Employment Law

What’s In a Name? Or, the Importance of Emphasis

I.A. Khair of New Jersey ran an ambulance company called K&S Invalid Coach. Presumably, “Invalid” was pronounced IN-va-lid, with the emphasis on the first syllable. Maybe it should have been pronounced in-VAL-id, with the…more
| Civil Procedure, Government Contracting, Health

FDA Rule Formalizes Voluntary GRAS Notification System for Substances Added to Food

The U.S. Food and Drug Administration (FDA) has released its final rule “Substances Generally Recognized as Safe” (due for publication on August 17, 2016). Under the Federal Food, Drug, and Cosmetic Act, GRAS substances are not…more
| Health

U.S. Department of Labor Issues New FLSA and EPPA Posters

The U.S. Department of Labor (DOL) recently issued new workplace posters under the Fair Labor Standards Act (FLSA) and the Employee Polygraph Protection Act (EPPA)…more
| Labor & Employment Law

Hospital Demands to Be Malpractice Defendant

Why would a hospital and one of its physicians demand that a case against them be branded a malpractice case? Why would they sue the trial court to force it to call the action a malpractice case? A recent Nevada case provides…more
| Civil Procedure, Health
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