Last month, on April 22, the Centers for Medicare & Medicaid Services (CMS) issued its Minimum Staffing Standards for Long-Term Care Facilities final rule, which will apply to any long-term care (LTC) facilities that receive...more
On February 13, the U.S. Attorney’s Office (USAO) for the Southern District of New York (SDNY) announced a pilot program through which whistleblowers who voluntarily self-disclose criminal conduct relating to public or...more
Health care professionals, hospitals and other health care facilities are critical to the nation’s efforts to address the COVID-19 pandemic, and they are under incredible strain caused by challenges such as widespread...more
“The immunity provision of the Defend Trade Secrets Act creates serious risk for companies: A whistleblower could expose a company to civil and criminal penalties stemming from the company’s alleged misconduct and...more
1/28/2020
/ Confidential Information ,
Corporate Misconduct ,
Criminal Penalties ,
Defend Trade Secrets Act (DTSA) ,
Immunity ,
Intellectual Property Protection ,
Litigation Strategies ,
Misappropriation ,
Penalties ,
Risk Management ,
Trade Secrets ,
Whistleblower Protection Policies ,
Whistleblowers
Imagine that your company has just commenced an internal compliance investigation in response to an allegation that the company is violating various federal laws. The next day, a longtime employee with access to the company’s...more
9/13/2019
/ Confidential Information ,
Corporate Counsel ,
Defend Trade Secrets Act (DTSA) ,
Disclosure ,
Ex Parte ,
Immunity ,
Intellectual Property Protection ,
Internal Investigations ,
Misappropriation ,
Notice Requirements ,
Popular ,
Safe Harbors ,
Trade Secrets ,
Whistleblower Protection Policies ,
Whistleblowers
The initiation of a government investigation is often a stressful and anxiety-producing event for a health care company. The Department of Justice (DOJ) is known for its aggressive investigation and prosecution of health care...more
9/9/2019
/ Civil Liability ,
Compliance Management Systems ,
Cooperative Compliance Regime ,
Criminal Prosecution ,
Department of Justice (DOJ) ,
Enforcement Actions ,
False Claims Act (FCA) ,
Fraud and Abuse ,
Government Investigations ,
Health Care Providers ,
Healthcare Fraud ,
Internal Controls ,
Third-Party ,
Whistleblowers
On March 25, the U.S. Department of Justice (DOJ) announced that Duke University agreed to settle a False Claims Act qui tam action alleging widespread misconduct in federally funded research. ...more
4/3/2019
/ Department of Justice (DOJ) ,
Environmental Protection Agency (EPA) ,
False Claims Act (FCA) ,
Falsified Documents ,
Federal Funding ,
Grants ,
Medical Research ,
National Institute of Health (NIH) ,
Pharmaceutical Industry ,
Qui Tam ,
Settlement Agreements ,
Universities ,
Whistleblowers