Like the tides, the rules regarding ERISA’s fiduciary duties are constantly in flux. The Fourth Circuit recently ruled that while providing “investment advice for a fee” implicates those duties, pitching investment services...more
A federal judge recently ruled that submission of electronic data to the government can, under appropriate circumstances, give rise to liability under the False Claims Act. In U.S. ex rel. Marc Silver et al. v. Omnicare Inc....more
4/30/2021
/ Centers for Medicare & Medicaid Services (CMS) ,
Electronically Stored Information ,
False Claims Act (FCA) ,
Kickbacks ,
Medicaid ,
Medicare ,
Medicare Part A ,
Medicare Part D ,
Nursing Homes ,
Personal Data ,
Prescription Drugs ,
Relators
Health and retirement benefit plans subject to the Employee Retirement Income Security Act (“ERISA”) have troves of personal information regarding plan participants and their beneficiaries - e.g., participants’ age, marital...more
1/4/2021
/ Benefit Plan Sponsors ,
Corporate Counsel ,
Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
ERISA Litigation ,
Fiduciary ,
Fiduciary Duty ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Patient Privacy Rights ,
Personal Information ,
PHI ,
Retirement Plan ,
Risk Management ,
Sensitive Personal Information
On Tuesday, March 19, the Supreme Court considered whether to extend the FCA’s alternate 10-year statute of limitations to cases in which the government does not intervene. The case, Cochise Consultancy Inc. v. United States,...more
3/22/2019
/ Appeals ,
Cochise Consultancy Inc v United States ex rel Hunt ,
False Claims Act (FCA) ,
First-to-File ,
Government Officials ,
Intervenors ,
Oral Argument ,
Qui Tam ,
Relators ,
SCOTUS ,
Split of Authority ,
Statute of Limitations
The U.S. Court of Appeals for the Sixth Circuit recently concluded that a contractor should obtain an award of attorney fees for having to defend against an “unreasonable” False Claims Act (“FCA”) suit. In United States ex....more