Whistleblowers, False Claims Act

Groundhog Day for Tuomey: Jury Finds Hospital Violated Stark Law and False Claims Act

by Darby C. Allen, Donna S. Clark | BakerHostetler on 5/22/2013

On May 8, 2013, a jury in the Columbia Division of the U.S. District Court for the District of South Carolina returned a verdict finding that Tuomey Healthcare Systems, Inc. (Tuomey) violated the Stark Law and the federal...more

CMS Proposes Increased Rewards for Reporting Fraud and Abuse

by Ameena Ashfaq, B. Scott McBride | BakerHostetler on 5/7/2013

The Centers for Medicare and Medicaid Services (CMS) recently published a proposed rule modifying certain provisions in their Incentive Reward Program (IRP) to sweeten the incentives for reporting sanctionable conduct....more

Recent Multi-Million Dollar Whistleblower Jury Awards — A Wake-Up Call For Employers

by Rachel Fischer, Michael Graham, Harris M. Mufson, Steven J. Pearlman | Proskauer - Whistleblowing & Retaliation on 4/16/2013

In what might be an unsettling trend for employers, juries in Philadelphia and Anchorage have recently issued multi-million dollar jury awards in favor of whistleblowers. Specifically, on March 22, 2013, a Philadelphia Common...more

False Claims Act Focus - April 2013

by Mary Beth Bosco, Laurence Freedman, Michael Guiffre, Susan Baldwin Hendrix, Laura Laemmle-Weidenfeld | Patton Boggs LLP on 4/15/2013

EDITOR’S NOTE - The last few months have not failed to provide interesting False Claims Act (FCA) activity in the courts. We begin our newsletter by examining a case brought in the energy sector, alleging that a...more

MoFo New York Tax Insights - Volume 4, Issue 4 - April 2013

by Hollis L. Hyans, Kara M. Kraman, Amy F. Nogid, Irwin M. Slomka | Morrison & Foerster - State + Local Tax... on 4/8/2013

In This Issue: New York Court of Appeals Upholds “Amazon” Statute; Guilty Plea and $5.5 Million Settlement Resolve New York’s False Claims Case; City ALJ Dismisses Case Seeking Interest on $30 Million Refund;...more

Retaliation and Whistleblower Claims by In-House Counsel

by Jeanne Barber, Edward Ellis, Linda Jackson, Earl (Chip) M. Jones III, Gregory Keating, Allan King, Patricia Martin, Amy Mendenhall, Roberta Ruiz | Littler on 4/1/2013

In This Issue: - Whistleblower protections and in-House Counsel - Sarbanes-oxley - The Dodd-Frank Act - The False Claims Act - Common Law Wrongful Discharge Claims - The Ethical...more

Employee Could Proceed With Whistleblower Claims

by Anthony Oncidi | Proskauer - California Employment Law on 3/28/2013

Brian McVeigh, a former Operations Supervisor for Recology, alleged Recology fired him in retaliation for his reporting possible fraud in connection with California Redemption Value payments made by and to Recology for...more

The Fourth Circuit Upholds Entry of Summary Judgment in Favor of CIED Manufacturers, Finding that Complaints Concerning...

by Connie Bertram | Proskauer - Whistleblowing & Retaliation on 3/26/2013

Plaintiff, former engineer for defendant Impact Science & Technology, Inc. (IST), brought suit against IST and related entities under the whistleblower provisions of the False Claims Act (FCA) in 2007. A federal district...more

The Fourth Circuit Upholds Entry of Summary Judgment in Favor of CIED Manufacturers, Finding that Complaints Concerning...

by Connie Bertram | Proskauer - Government Contractor Compliance... on 3/25/2013

Plaintiff, former engineer for defendant Impact Science & Technology, Inc. (IST), brought suit against IST and related entities under the whistleblower provisions of the False Claims Act (FCA) in 2007. A federal district...more

Whistleblower Retaliation Claims — Are You Prepared?

by Paul Monsees | Foley & Lardner LLP on 3/12/2013

Publicity about whistleblower claims and recoveries continues to grab headlines. The recent confession by Lance Armstrong highlighted the blood doping allegations behind his seven Tour de France titles and on the...more

Nursing Home to Pay $28M for Poor Care and False Billing

by Sylvia Hsieh | Lawyers.com on 3/11/2013

A jury ordered a nursing home to pay over $28 million for fraudulent billing, providing worthless services and for retaliating against two employees who complained about the shoddy care at the facility. ...more

Health Care Enforcement in 2012: A Year in Review

by Hope Foster, Samantha Kingsbury, Tracy Miner, Jessica Sergi, Stephanie Willis | Mintz Levin - Health Law on 2/26/2013

Last year was another busy year in health care fraud enforcement. In 2012, the Office of Inspector General for the Department of Health and Human Services (HHS-OIG) reported total expected recoveries of $6.9 billion from all...more

U.S. Whistleblower Recovers Large Sum from Antidumping Duty Evasion

by David J. Levine, Raymond Paretzky | McDermott Will & Emery on 2/22/2013

The False Claims Act may furnish a powerful new tool for U.S. producers that believe their foreign competitors are evading antidumping/countervailing duty or other customs duties by misclassifying imports or misrepresenting...more

Illinois Jury Found Nursing Home Liable For $28.1 Million In Whistleblower Case Alleging Substandard Care And Resident Abuse

by Anne Cooper, Meredith Duncan, Kara Friedman, Lindsay Kessler, Jason Lundy, Matthew Murer, Hannah Neshek, Chuck Sheets, Kathryn Stalmack, Joseph Van Leer | Polsinelli on 2/22/2013

An Illinois district court jury in United States v. Momence Meadows Nursing Center, Inc. recently issued a verdict on February 11, 2013 imposing $28.1 million in civil penalties on the operators of a nursing home. The nursing...more

Employee Is Protected By Whistleblower Provisions Of The Labor Code When He Or She Reports Illegal Conduct By A Fellow Employee

by Laura Izon Powell, Bruce A. Scheidt, Kristianne Seargeant, David W. Tyra | Kronick, Moskovitz, Tiedemann & Girard on 2/19/2013

A terminated employee brought claims against his former employer for wrongful termination in violation of the California False Claims Act (“CFCA”), public policy, and the whistleblower protections provided by the Labor Code. ...more

Weekly Law Resume - February 7, 2013: Protection for Whistleblowers Extended From Employers to Violations by Third Parties,...

by Pamela Helman | Low, Ball & Lynch on 2/15/2013

Brian McVeigh v. Recology San Francisco et al. Court of Appeal, First District (January 31, 2013) Under the California False Claims Act (“CFCA”), whistleblowers are given protection when they disclose information to...more

False Claims Act - Health System Settles Allegations Related To Payments To Physician Advisors

by BakerHostetler on 2/14/2013

The U.S. Department of Justice (DOJ) recently issued a press release related to a settlement agreement between the U.S. Attorney's Office for the District of New Jersey, the state of New Jersey and the Cooper Health System...more

How Does Your Organization Treat Whistleblowers?

by Thomas Fox on 2/8/2013

As almost everyone knows, Lance Armstrong spoke for the first time about his performance enhancing drug (PED) use recently on Oprah. On the first night he admitted for the first time that he used PEDs during his seven wins at...more

Major New Jersey Health System Pays $12.6 Million To Settle False Claims Act Suit Alleging Physician Kickback Scheme

by Henry E. Hockeimer, Jr., Evan Krick, Dee Spagnuolo | Ballard Spahr LLP on 1/31/2013

Federal prosecutors recently announced a $12.6 million False Claims Act (FCA) settlement with a major New Jersey health system to resolve allegations that the system paid outside physicians in order to increase referrals....more

How U.S. Supreme Court Ruling On Title VII Retaliation Standard Case May Affect Claims Under Whistleblower & Other...

by Steven J. Pearlman, Daniel Saperstein, James Segroves | Proskauer - Whistleblowing & Retaliation on 1/29/2013

“But-for” or “mixed motive” is a causation question not unknown to the U.S. Supreme Court. In Price Waterhouse v. Hopkins, 490 U.S. 228 (1989), a plurality held that the anti-discrimination provision of Title VII only...more

DOJ Recovers Up To $48 Million in False Claim Act Case Resulting From Whistleblower Report

by Sigal Mandelker, Massiel Pedreira | Proskauer - Whistleblowing & Retaliation on 1/24/2013

In yet another large recovery for the DOJ, on December 6, 2012, DFB Pharmaceuticals, and its subsidiary, Healthpoint Ltd., agreed as part of a settlement to pay up to $48 million to resolve allegations that Healthpoint caused...more

California District Court Unseals FCA Complaint Filed Against Numerous Banks

by BuckleySandler LLP on 1/24/2013

Last week, after the government declined to intervene in the case, the U.S. District Court for the Central District of California unsealed a qui tam False Claims Act (FCA) complaint filed by a whistleblower in April 2012...more

Ohio Hospital and Heart Center to Pay $4.4 Million to Resolve FCA Allegations

by King & Spalding on 1/18/2013

The U.S. Attorney’s Office for the Northern District of Ohio announced that EMH Regional Medical Center (EMH), a non-profit community hospital system located in Lorain County, Ohio, and North Ohio Heart Center, Inc. (NOHC),...more

Second Circuit Declares Off-Label Promotion Ban Unconstitutional: Implications for False Claims Act Defendants

by Aileen Mcgill | Patterson Belknap Webb & Tyler LLP on 1/17/2013

On December 3, 2012, the United States Court of Appeals for the Second Circuit held that the First Amendment protects pharmaceutical companies who truthfully promote the lawful, off-label use of prescription drugs from...more

A Reduction in the Utility of Civil Investigative Demands and the Interpretive Narrowing of "Person" under the False Claims Act

by Steve Cave | Womble Carlyle Sandridge & Rice, PLLC on 1/15/2013

Executive Summary: False Claims Act actions against government contractors are on the rise. But two recent decisions offer potential limitations to false claims exposure, and may aid defendants in future FCA litigation....more

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Whistleblowers › False Claims Act

Groundhog Day for Tuomey: Jury Finds Hospital Violated Stark Law and False Claims Act

CMS Proposes Increased Rewards for Reporting Fraud and Abuse

Recent Multi-Million Dollar Whistleblower Jury Awards — A Wake-Up Call For Employers

False Claims Act Focus - April 2013

MoFo New York Tax Insights - Volume 4, Issue 4 - April 2013

Retaliation and Whistleblower Claims by In-House Counsel

Employee Could Proceed With Whistleblower Claims

The Fourth Circuit Upholds Entry of Summary Judgment in Favor of CIED Manufacturers, Finding that Complaints Concerning...

The Fourth Circuit Upholds Entry of Summary Judgment in Favor of CIED Manufacturers, Finding that Complaints Concerning...

Whistleblower Retaliation Claims — Are You Prepared?

Nursing Home to Pay $28M for Poor Care and False Billing

Health Care Enforcement in 2012: A Year in Review

U.S. Whistleblower Recovers Large Sum from Antidumping Duty Evasion

Illinois Jury Found Nursing Home Liable For $28.1 Million In Whistleblower Case Alleging Substandard Care And Resident Abuse

Employee Is Protected By Whistleblower Provisions Of The Labor Code When He Or She Reports Illegal Conduct By A Fellow Employee

Weekly Law Resume - February 7, 2013: Protection for Whistleblowers Extended From Employers to Violations by Third Parties,...

False Claims Act - Health System Settles Allegations Related To Payments To Physician Advisors

How Does Your Organization Treat Whistleblowers?

Major New Jersey Health System Pays $12.6 Million To Settle False Claims Act Suit Alleging Physician Kickback Scheme

How U.S. Supreme Court Ruling On Title VII Retaliation Standard Case May Affect Claims Under Whistleblower & Other...

DOJ Recovers Up To $48 Million in False Claim Act Case Resulting From Whistleblower Report

California District Court Unseals FCA Complaint Filed Against Numerous Banks

Ohio Hospital and Heart Center to Pay $4.4 Million to Resolve FCA Allegations

Second Circuit Declares Off-Label Promotion Ban Unconstitutional: Implications for False Claims Act Defendants

A Reduction in the Utility of Civil Investigative Demands and the Interpretive Narrowing of "Person" under the False Claims Act

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