Holland & Knight LLP

United States

  • 813-227-8500

New OIG Special Fraud Alert Focuses on Suspect Practices of Labs and Referring Physicians - Certain Payment Arrangements May Be a Violation of the Federal Medicare/Medicaid Anti-Kickback Statute (AKS)

The U.S. Department of Health and Human Services' Office of Inspector General (OIG) issued a new Special Fraud Alert on June 25, 2014, that focuses on certain compensation arrangements between laboratories and referring…more
| Health, Science, Computers, & Technology

2014 Intelligence Authorization Act Imposes Cyber Breach Reporting Requirement on Intelligence Community Contractors - Many Federal Government Contractors Already Subject to Varying Cyber Security Requirements – Congress Adds a New One

The federal government must publish new procedures 90 days after the 2014 Intelligence Authorization Act is signed. These procedures will become effective upon publication. Intelligence community contractors will be required…more
| Administrative Law, Elections & Politics, Privacy, Science, Computers, & Technology, Government Contracting

FDA Issues New Drug Compounding and Outsourcing Facility Guidance - The New Policy Documents Clarify FDA's Expectations and Enable the Compounding Industry to Comply with the Compounding Quality Act

The FDA issued multiple policy documents on July 1, 2014, to implement the Compounding Quality Act (CQA). Congress enacted the CQA in November 2013 as part of the Drug Quality and Security Act (DQSA), in response to the deadly…more
| Administrative Law, Consumer Protection, Health, Science, Computers, & Technology

D.C. Circuit Rejects Petitions Challenging Proposed NY-NJ Gas Pipeline

The D.C. Circuit Court of Appeals recently dismissed petitions brought by the City of Jersey City, NJ, and various environmental organizations challenging the Federal Energy Regulatory Commission's ("FERC") order granting a…more
| Civil Procedure, Energy & Utilities, Environmental Law, Personal Injury, Zoning, Planning & Land Use

2014 Legislative Update: Environment, Growth Management and Water

CS/CS/CS/HB 325 amends statutory provisions relating to the brownfield program and modifies the procedures for establishing a brownfield area. The bill also authorizes the local government designating a brownfield area to use a…more
| Construction Law, Energy & Utilities, Environmental Law, Zoning, Planning & Land Use, Real Estate - Commercial

Florida Introduces Stringent Obligations with New Data Breach Law

In the wake of increasing pressure due to data breaches, Florida is introducing a stringent new data breach law to protect its residents from identity theft and financial harm. The new Florida Information Protection Act of 2014…more
| Commercial Law & Contracts, Consumer Protection, Privacy, Science, Computers, & Technology

Class Action Waivers in Employment Arbitration Agreements Enforceable - Landmark California Supreme Court Ruling Is Positive for Employers in Class Action Cases But Not PAGA Claims

In an opinion filed June 23, 2014, Iskanian v. CLS Transportation Los Angeles, LLC,(Iskanian) the California Supreme Court gave employers some relief when faced with class action suits. The court's significant decision will…more
| Alternative Dispute Resolution (ADR), Civil Procedure, Commercial Law & Contracts, Conflict of Laws, Labor & Employment Law

Commission-Based Sales Agreements for Medical Supplies and Equipment: More Whistleblower Activity on the Horizon? - A Wide Range of Industries Should Evaluate Their Compensation Practices to Help Minimize Their Risk of Potential FCA Violations

The common industry practice of compensating independent contractor sales representatives on a "percentage of sales" commission basis may be creating an enhanced risk of False Claims Act liability for illegal kickbacks in light…more
| Government Contracting, Health

D.C. Circuit Upholds Attorney-Client Privilege in Internal Investigations - Privilege Protections Triggered When a Significant Purpose of the Investigation Is to Obtain Legal Advice

Corporate counsel can rest a little easier now. In a widely anticipated decision issued June 27, 2014, In re Kellogg Brown & Root, Inc., the D.C. Circuit granted a writ of mandamus and vacated a district court order requiring…more
| Civil Procedure, Commercial Law & Contracts

D.C. Circuit Upholds Protection of Attorney Client Privilege in Internal Investigations Conducted Pursuant to Regulatory Mandate

In a widely anticipated decision, today, the D.C. Circuit granted a writ of mandamus and vacated a district court order requiring the production of a company's internal investigation documents presumed to be protected by the…more
| Business Organizations, Civil Procedure, Law Practice Products & Services

New Department of Labor Rule to Limit Live-In Employees Eligible for Exempt Status

The Fair Labor Standards Act (FLSA) has long provided an exemption for overtime wages to employees engaged in "companionship services," such as in-home caretakers who sleep at their patients' homes. Recently, however, the…more
| Labor & Employment Law, Health

IRS Changes the Streamlined Filing Compliance Procedures and Offshore Voluntary Disclosure Program (OVDP) - Determining Your Most Advantageous Route Is Imperative

The IRS announced substantial changes to both the Streamlined Filing Compliance Procedures for Non-Resident, Non-Filer Taxpayers and the Offshore Voluntary Disclosure Program (OVDP) on June 18, 2014…more
| Finance & Banking, International Law & Trade, Taxation

FinCEN Doubles Down on Casinos with Heightened Regulatory Expectations - Casino Managers and Tribal Gaming Commissioners Need to Be Proactive with Anti-Money Laundering Compliance Initiatives

For the second time in nine months, Financial Crimes Enforcement Network (FinCEN) Director Jennifer Shasky Calvery has publicly addressed FinCEN's increasing concerns regarding casino compliance with the Bank Secrecy Act (BSA),…more
| Art, Entertainment, & Sports Law, Criminal Law, Finance & Banking, Indigenous Peoples

Florida Governor Signs Expanded Data Breach Bill Into Law

On June 20, Florida Governor Rick Scott signed the Florida Information Protection Act of 2014. Passed by the legislature as CS/CS/SB 1524, its provisions are now law, and will be codified at Chapter 2014-189, Laws of Florida,…more
| Privacy, Science, Computers, & Technology

Sixth Circuit Vacates Lower Court Judgment and Awards Website Operator Immunity

In August of 2013, this blog wrote about the case Jones v. Dirty World Entertainment Recordings, LLC, 965 F. Supp. 2d 818 (E.D. Ky. 2013) ("Jones I"). As described then, Jones I dealt with the following set of facts..…more
| Civil Procedure, Communications & Media Law, Personal Injury, Science, Computers, & Technology
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Areas of Practice
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