Health care organizations operate under constant scrutiny from government regulators and the threat of potential whistleblowers....more
11/26/2025
/ Crisis Management ,
Cybersecurity ,
Data Retention ,
e-Discovery ,
False Claims Act (FCA) ,
Health Care Providers ,
Healthcare Facilities ,
Healthcare Fraud ,
Legal Operations ,
Litigation Hold ,
Regulatory Oversight ,
Risk Management ,
Whistleblowers
The U.S. Court of Appeals for the Eleventh Circuit held in United States ex rel. Sedona Partners LLC v. Able Moving and Storage Inc., No. 22-13340 (11th Cir. Jul. 25, 2025), that while a district court has the discretion to...more
In the latest in a series of recent cases involving the “but-for” causation standard for Anti-Kickback Statute (“AKS”) claims, Judge Waverly D. Crenshaw in the U.S. District Court for the Middle District of Tennessee has...more
10/9/2025
/ Anti-Kickback Statute ,
But For Causation ,
Centers for Medicare & Medicaid Services (CMS) ,
Clinical Laboratories ,
False Claims Act (FCA) ,
Healthcare Fraud ,
Hospitals ,
Medicare ,
Medicare Advantage ,
Motion to Dismiss ,
Remuneration ,
Rule 9(b)
On August 29, 2025, the U.S. Department of Justice (DOJ) announced the creation of a new Trade Fraud Task Force (“Task Force”)....more
9/5/2025
/ Anti-Dumping Duty ,
Countervailing Duties ,
Customs and Border Protection ,
Department of Justice (DOJ) ,
Enforcement Actions ,
False Claims Act (FCA) ,
Healthcare ,
Imports ,
International Trade ,
Life Sciences ,
Section 301 ,
Tariffs
In 2010, as part of the Affordable Care Act, Congress resolved a highly litigated issue about whether a violation of the Anti-Kickback Statute (AKS) can serve as a basis for liability under the federal False Claims Act (FCA)....more
On January 6, 2025, the U.S. District Court for the District of Massachusetts granted a defendant laboratory’s motion for summary judgment in a False Claims Act (FCA)/Anti-Kickback Statute (AKS) case brought by a physician...more
In many cases, the payment of restitution by a party in a lawsuit involving the government or a governmental entity creates a tax-deductible business expense under Title 26, United States Code, Section 162(f) (hereinafter,...more
Medical providers are often asked, or feel obligated, to disclose confidential information about patients. This blog post discusses when disclosures of confidential medical information involve law enforcement, but the...more