Saul Ewing LLP

Centre Square West 1500 Market Street, 38th Floor
Philadelphia, PA 19102-2186, United States

  • (215) 972-7777
  • (215) 972-7725

CMS Shuts Down Sunshine Act Online Verification Process

On August 7, 2014, the Centers for Medicare & Medicaid Services (CMS) announced that the Open Payments system is “temporarily” off-line. The CMS announcement did not state when the Open Payments system would be back on-line. The…more
| Health, Science, Computers, & Technology

New Jersey Enacts “Ban the Box” Law Restricting New Jersey Employers from Inquiring into Criminal History of Job Applicants

On August 11, 2014, New Jersey Governor Chris Christie signed the Opportunity to Compete Act which restricts New Jersey employers from seeking information regarding a job applicant’s criminal history. Under the Act, covered…more
| Civil Rights, Labor & Employment Law

FDA Releases Draft Guidance To Help Determine Substantial Equivalence for a Device that Has Different Technological Characteristics Than the Predicate Device

In a new Draft Guidance entitled, Benefit-Risk Factors to Consider When Determining Substantial Equivalence in Premarket Notifications [510(k)] with Different Technological Characteristics, (the “Draft Guidance”) released on…more
| Administrative Law, Health, Science, Computers, & Technology

New Jersey Supreme Court affirms award of bid that deviates from proposal

The New Jersey Supreme Court has affirmed a state agency’s decision to award a contract to the lowest bidder even though the bid did not comply with the scope-of-work requirements of a request for proposal. Matthew J. Barrick,…more
| Civil Procedure, Construction Law, Government Contracting

SEC Extends Municipalities Continuing Disclosure Cooperation Initiative Self-Reporting Deadline For Issuers and Obligated Persons to December 1, 2014

The Securities and Exchange Commission released a statement on July 31, 2014, modifying certain aspects of its Municipalities Continuing Disclosure Cooperation Initiative (the “MCDC Initiative”). The MCDC Initiative provides an…more
| Commercial Law & Contracts, Finance & Banking, Securities Law

No delay of game – Affordable Care Act (ACA) compliance efforts should continue, despite court rulings

Perhaps you have put your compliance efforts on the back burner, hoping the ACA will just go away. We have heard many reasons for this procrastination, including the constitutional challenge to the individual mandate, the 2008…more
| Civil Procedure, Labor & Employment Law, Health, Insurance, Taxation

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 ambiguity -…more
| Civil Procedure, Civil Remedies, Labor & Employment Law, Science, Computers, & Technology, Government Contracting

Third Circuit affirms dismissal of False Claims Act suit, citing contract ambiguity

Ambiguous contract terms are ordinarily a liability for government contractors, opening the possibility of misunderstandings, expensive disputes, and, potentially, unpaid additional work. However, contract ambiguity recently…more
| Civil Procedure, Construction Law, Labor & Employment Law, Transportation, Government Contracting

False claims by any other name: Medtronic and Omnicare cases illustrate the interplay between the False Claims Act and other federal laws regulating commerce with Medicare and Medicaid

- Government allegations of Medtronic’s alleged incentives to physicians for prescribing its medical devices lead company, while denying wrongdoing, to settle False Claims Act suit predicated on Anti-Kickback Statute. -…more
| Civil Procedure, Civil Remedies, Labor & Employment Law, Health, Science, Computers, & Technology

Move over Big Pharma: Health care is not the only industry susceptible to False Claims Act scrutiny

In contrast to the recent, public and record-breaking False Claims Act settlements with Big Pharma, the government’s intervention in a relator’s suit against a computer software company, alleging that the contractor overcharged…more
| Civil Remedies, Science, Computers, & Technology, Government Contracting

Bad Faith Sentinel - July 2014

In This Issue: - Eleventh Circuit: Excess Insurer, Like All Florida Bad Faith Claimants, Must Prove Causation to Succeed on Bad Faith Claim Against Primary Insurer - Northern District of Alabama: No Bad Faith…more
| Civil Procedure, Business Torts, Insurance

Western District of Texas: An Expert Must Base a Determination of Bad Faith on the Facts Available to the Insurer When it Acted

Falcon v. State Farm Lloyds, No. 1:12-CV-491-DAE, 2014 WL 2711849 (W.D. Tex. June 16, 2014) - The Western District of Texas finds that a policyholder’s expert witness is not qualified to opine when he does not…more
| Civil Procedure, Commercial Law & Contracts, Business Torts, Insurance

ERISA self-insured health plan not required to cover same sex spouses

In Roe v. Empire Blue Cross Blue Shield, No. 12–cv–04788 (NSR), 58 EBC 1077, 2014 WL 1760343 (S.D. N.Y. May 1, 2014), the United States District Court for the Southern District of New York held a self-insured health plan that…more
| Civil Procedure, Civil Rights, Labor & Employment Law, Health, Insurance

Northern District of Alabama: No Bad Faith Where Insured Made Misrepresentations in Court Filings and Insurer Reasonably Relied on Advice of Counsel in Denying Coverage.

The Northern District of Alabama finds that an insurer did not act in bad faith by denying coverage for damage caused by a house fire where investigators suspected arson, the insured made misrepresentations in bankruptcy…more
| Civil Procedure, Business Torts, Insurance

CMS Proposes Elimination of CME Exception to Sunshine Act Reporting

The Centers for Medicare and Medicaid Services (“CMS”) issued a proposed rule that includes a plan to eliminate the continuing medical education (“CME”) exclusion to the reporting requirements under the federal Physician Payment…more
| Health, Science, Computers, & Technology
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Areas of Practice
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100+ Attorneys

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