Penalties

SEC Targets Another Fund Board in Recent Enforcement Case

by Catherine Botticelli, Stephanie Capistron, Christopher Harvey, Emily Shea | Dechert LLP on 5/23/2013

The U.S. Securities and Exchange Commission (“SEC”) recently issued an Order Instituting Proceedings (“Order”) against the administrator and compliance services provider, as well as current and former members of the boards of...more

Review Seeks Changes to Australian Franchising Laws - Baker & McKenzie

by Penny Ward | Baker & McKenzie Australia on 5/23/2013

On Friday May 17 2013, the Australian Government released the latest in a long line of Federal and State enquiries into the regulation of franchising in Australia....more

The Employer's Playbook for ACA Compliance: Are You In The 2014 "Pay Or Play" Game?

by Dan S. Brandenburg, Sarah Lockwood Church, Joanne G. Jacobson, Paul Kasicky, Joni Landy, Kevin Wiggins | Saul Ewing LLP on 5/22/2013

For better or worse, the ACA or Health Care Reform is still with us. If you do not want to end up in the penalty box in 2014, you must know whether you are subject to the employer shared responsibility provisions of the ACA...more

FBAR Penalties and Estate Administration

by Sanford Millar on 5/20/2013

The death or disability of a taxpayer who has failed to timely file a Report of Foreign Bank or Financial Account (FBAR) can present difficult problems for fiduciaries like trustees, estate executors and conservators. The...more

The High Cost of Paying Physicians for Referrals: Tuomey Healthcare System Faces Penalties of up to $357 Million

by Ari H. Gerstin, Elizabeth F. Hodge | Akerman Senterfitt on 5/17/2013

On May 8, 2013, a jury sitting in the U.S. District Court for South Carolina found that Tuomey Healthcare System, Inc. violated the Stark Law and the False Claims Act (FCA) by illegally paying referring physicians. The jury...more

New Justice Department's FIRREA Cases Against Banks: Holding The Victim Responsible

by Robert J. Anello | Morvillo Abramowitz Grand Iason & Anello P.C.... on 5/16/2013

The government’s ever-evolving response to the United States financial crisis has come full circle, as civil Justice Department Attorneys seek to rely on legislation enacted to protect financial institutions from fraud to sue...more

Capital Infusion - May 2013: Digging Deeper: A Guide to Health Care Regulatory Due Diligence in Private Equity Deals

by Adam Connatser, Jon Finger, Rani Hauth Guerra, J. Atwood Jeter, Amy Kaufman, David McLean | Patton Boggs LLP on 5/15/2013

Introduction - Investing in the health care industry can be riskier and more complicated than investing in many other industries. Health care providers and suppliers, as well as those companies that interact with them,...more

"Ranbaxy Resolves Criminal and Civil Charges Through Record Settlement"

by John T. Bentivoglio, Jennifer L. Bragg, Maya Florence, Michael K. Loucks, Gregory M. Luce | Skadden, Arps, Slate, Meagher & Flom LLP on 5/15/2013

Executive Summary - On May 13, 2013, generic drug manufacturer Ranbaxy USA Inc. (Ranbaxy), a subsidiary of Indian generic drug manufacturer Ranbaxy Laboratories Limited, pled guilty to seven felony charges as part of a...more

Sixth Circuit Applies Strict Precondition of Payment Requirement to Reverse $11.1 Million FCA Judgment

by Nicholas Linder, Kirsten Mayer, Arefa Shakeel | Ropes & Gray LLP on 5/15/2013

The U.S. Court of Appeals for the Sixth Circuit, in United States ex rel. Hobbs v. MedQuest Associates, Inc., 711 F.3d 707 (6th Cir. April 1, 2013), recently reversed an $11.1 million False Claims Act (“FCA”) judgment,...more

Strategic Implementation of Employer Shared Responsibility Rules & 2014 Planning Considerations

by Shumaker, Loop & Kendrick, LLP on 5/14/2013

In This Presentation: •Welcome •Overview of the Employer Shared Responsibility Rules - Impact on Corporate Structure - Time Line Examples to Demonstrate Application of Measurement, Administrative & Stability...more

Florida Federal Court Rejects FCC Ruling on Autodialed Collection Calls to Cell Phones

by John L. Culhane, Jr., Mark J. Furletti, Alan S. Kaplinsky, Jeremy T. Rosenblum, Christopher J. Willis | Ballard Spahr LLP on 5/14/2013

A Florida federal court has rejected the Federal Communication Commission's 2008 ruling that by providing a wireless number to a creditor on a credit application, a consumer has given "prior express consent" as required by...more

As Nonprofits Expand Their Global Reach, a Special Focus on Tax, Trademarks and the Foreign Corrupt Practices Act

by Charles Kolstad, Lindsay B. Meyer, Andrew D. Price, Jeffrey S. Tenenbaum | Venable LLP on 5/14/2013

In this presentation: - Introduction - Trademark/Brand Strategy and Protection - U.S. Foreign Corrupt Practices Act and Anti-Corruption - Cross-Border Tax Planning and Compliance Please see...more

Five Takeaways from the OIG’s Special Advisory Bulletin on Exclusion

by Ellyn L. Sternfield | Mintz Levin - Health Law on 5/13/2013

This week the Office of Inspector General for the Department of Health and Human Services (“OIG”) issued an updated Special Advisory Bulletin on the Effect of Exclusion from Participation in Federal Health Care Programs, an...more

California Fair Claims Settlement Practices Regulations

by Bruce Celebrezze, Marilyn Klinger | Sedgwick LLP on 5/13/2013

Table of Contents: Introduction; PART ONE - Summary of Fair Claims Settlement Practices Regulations; Introduction; Claims Handling Duties; Acceptance or Rejection of Claims; Settlement Offers and Payment of Accepted...more

Ban on Hand-Held Cell Phone Use for Commercial Motor Vehicle Drivers—What Employers Should Know

by Ogletree, Deakins, Nash, Smoak & Stewart,... on 5/13/2013

As the number of smartphones sold in the United States and worldwide overtakes sales of so-called ordinary cells phones, more Americans are using these devices while driving....more

The Legal Legacy of Superstorm Sandy Looting

by Hoffman DiMuzio on 5/10/2013

“Kick ‘em while they’re down” may have been the motto of some New Jersey residents who were involved in looting during and after Superstorm Sandy. Reports vary from numerous isolated incidents of break-ins, trespassing, and...more

Planning And Paying For Long-Term Care (Part 6 In A Series: Medicaid/Medical Assistance)

by Scott Alan Mitchell | McNees Wallace & Nurick LLC on 5/10/2013

In Part 5, I discussed the issue of “excess” assets and the “spend-down” process in Medical Assistance. Apart from a couple’s exempt assets (house, one car, household furnishings, etc.), the remaining assets are “countable”...more

CPSC Seeks to Hold Former CEO Responsible for Buckyballs® Recall

by Ellen Adler, Erin M. Bosman, Julie Y. Park | Morrison & Foerster LLP on 5/10/2013

Last week the Consumer Product Safety Commission (CPSC) obtained an unprecedented ruling when Administrative Law Judge (ALJ) Dean Metry granted leave to name Craig Zucker in an administrative complaint against Maxfield and...more

Worker Safety Continues To Be A Major Concern For Workers

by Johnston, Moore & Thompson, Huntsville... on 5/10/2013

In a recent report released by the Bureau of Labor Statistics, the number of deaths at work is not decreasing, raising concerns about worker safety. With improvements in technology and safety standards, it is hoped that this...more

The Obamacare “Play or Pay” Rules: A Practical Approach

by Jeff Belfiglio | Davis Wright Tremaine LLP on 5/10/2013

The IRS recently released new proposed regulations to implement the Shared Responsibility or “Play or Pay” provisions of Health Care Reform. The proposed regulations provide a wealth of detail on key issues required to...more

Treasury Proposes Minimum Value Rules for Health Plans

by Kurt Anderson, Brian M. Pinheiro | Ballard Spahr LLP on 5/9/2013

The U.S. Department of the Treasury has published proposed regulations that provide guidance on how an employer may determine whether its group health plan provides “minimum value.”...more

OSHA Enforcement Trends

by Tressi L. Cordaro | Ogletree, Deakins, Nash, Smoak & Stewart,... on 5/8/2013

At an American Bar Association meeting in March 2013, Deputy Assistant Secretary of Labor for Occupational Safety and Health Richard Fairfax discussed recent statistics that continue to reflect OSHA’s enforcement efforts....more

LEGAL ALERT: Employers must use revised I-9 form starting May 7th

by Kirton McConkie PC on 5/8/2013

Effective May 7, 2013, all U.S. employers must only use the new Employment Eligibility Verification Form I-9 (revision date 3/8/13N) to comply with employment eligibility verification requirements under the Immigration Reform...more

$8 Million Penalty for Weak ITAR Compliance: How the Price of Maintenance Beats the Cost of Repair

by Reid Whitten | Sheppard Mullin Richter & Hampton LLP on 5/8/2013

On April, 30, 2013, Raytheon Company, a major military electronics and weapons manufacturer, agreed with the U.S. Department of State to pay $8 million in civil penalties and remedial expenditures to settle alleged violations...more

The “Keep Jobs In Colorado Act” Bad for Business, Bad for the State?

by Jared Berg | Sherman & Howard L.L.C. on 5/8/2013

A new law currently being debated in Colorado's legislature could expose companies working on public projects to civil penalties if their workforce does not consist of at least 80% Colorado labor. ...more

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