On May 18, 2022, the Fifth Circuit issued its opinion in Jarkesy v. SEC, holding that: (1) the Securities and Exchange Commission's (SEC's) in-house adjudication of Petitioners' case violated their Seventh Amendment right to...more
The Biden-Harris Administration made cybersecurity a top priority when President Biden signed Executive Order (EO) 14028 indicating that preventing, detecting, assessing, and remediating cybersecurity incidents in federal...more
2/22/2022
/ Biden Administration ,
Cybersecurity Framework ,
Department of Homeland Security (DHS) ,
Department of Justice (DOJ) ,
Enforcement Authority ,
Enforcement Priorities ,
False Claims Act (FCA) ,
Federal Trade Commission (FTC) ,
Fraud Prevention ,
Fraudulent Procurement ,
Risk Management
As the SEC has recently completed its fiscal year on September 30, 2021, where it pushed its enforcement initiatives under new Chairman Gary Gensler, a brief overview of its recent track record is in order. No one can now...more
Turning a battleship even slightly creates a large wake, not unlike the enforcement waters that have been churning recently at the Securities and Exchange Commission (SEC). The new agency head, Gary Gensler, was formerly an...more
In roughly the seventh week after a majority of states and the federal government issued emergency declarations or "lock down" executive orders, the true impact of COVID-19 is only beginning to be fully transparent. In long...more
5/4/2020
/ Assisted Living Facilities (ALFs) ,
Depositions ,
Discovery ,
Fifth Amendment ,
Government Investigations ,
Long Term Care Facilities ,
Long-Term Care ,
Medical Malpractice ,
Negligence ,
Parallel Proceedings ,
Privileged Communication ,
Quality Assurance Programs ,
Risk Management ,
Risk Mitigation ,
Self-Incrimination ,
Skilled Nursing Facility ,
Subpoenas ,
Subsequent Remedial Measures ,
Testimony ,
Wrongful Death
On March 25, 2020, the Department of Health and Human Services (HHS) issued a Notice of Designation of Scarce Materials or Threatened Materials Subject to COVID-19 Hoarding Prevention Measures Under Executive Order 13910 and...more
The claims made in McDermid, et al. v. Inovio Pharmaceuticals, Inc., et al., No. 2:20-cv-01402-GJP (E.D. Pa., filed March 12, 2020), a securities fraud class action, illustrate why publicly traded companies, and particularly...more
In Part 3 of this series of Client Alerts, we conclude by offering practical advice for reporting companies about how to assess and respond to certain risks when considering their disclosure obligations....more
In the first part of this series of Client Alerts, we addressed some of the background issues associated with the Commission's enforcement action against Mylan N.V. that followed the large generic drug company's settlement of...more
Overview -
Publicly-traded companies that operate in highly regulated industries, such as in the health care sphere, often face difficult decisions about what information (if any) they should disclose to investors and...more
The recent federal court opinion issued in United States ex rel. Integra Med Analytics, LLC v. Baylor Scott & White Health, et al, illustrates the continued importance of examining the plausibility of allegations made in qui...more
9/27/2019
/ Business Profits ,
Centers for Medicare & Medicaid Services (CMS) ,
Coding ,
Defense Strategies ,
Dismissal With Prejudice ,
False Billing ,
False Claims Act (FCA) ,
Federal Pleading Requirements ,
FRCP 8(a) ,
FRCP 9(b) ,
Health Care Providers ,
Hospitals ,
Medicare ,
Motion to Dismiss ,
Physicians ,
Qui Tam ,
Relators