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Court Endorses False Claims Act Theory for Business and Work Visas

In a False Claims Act (FCA) case with implications for the use of business and work visas, the US District Court for the District of New Jersey refused on Tuesday to reconsider or allow an immediate appeal of its prior ruling...more

January 2022 Changes to the Stark Law That Impact Group-Practice Physician Compensation

At the beginning of the year, the Department of Health and Human Services (HHS) issued new Stark Law regulations that affect how physician practices may share profits and that clarify how they may pay productivity bonuses....more

Court Endorses and Rejects False Claims Act Claims Related to Visas

In a case that has implications for companies that utilize US work and business visas, the US District Court for the District of New Jersey recently ruled on two theories under the False Claims Act (FCA) related to the use of...more

Biden Health Care Enforcement Priorities

The Biden Administration is expected to devote significant resources to investigating fraud and abuse in the health care industry. Not only will the Biden Administration likely continue investigating traditional health care...more

Biden Immigration Enforcement Priorities

From the day he took office, President Biden began the process of changing the immigration enforcement policies that existed during the Trump Administration. Indeed, the White House has proposed legislation and issued 13...more

Biden Administration Delays Trump-Era Rule Changing H-1B Lottery System

The Biden Administration announced that it would delay implementing a new rule promulgated in the waning days of the Trump Administration that would change the long-standing practice of allocating H-1B visas for highly...more

Trump Administration Increases Salary Requirements for H-1B Visa Holders

The Trump Administration announced on January 12, 2021 that it has promulgated a new, final rule that will significantly increase the wages that must be paid to holders of H-1B visas for highly skilled workers, though the...more

COVID-19: Trump Administration Continues Suspension of Immigration and Work Visas

With weeks to go in his administration, President Trump has extended two controversial presidential proclamations that would prohibit many immigrant and nonimmigrant visa holders from entering the United States until months...more

Federal Court Blocks Trump Administration's H-1B Visa Rules

Judge Jeffrey S. White of the District Court for the Northern District of California on December 1, 2020, set aside two new rules promulgated by the Trump Administration aimed at significantly curtailing the H-1B visa program...more

Homeland Security Proposes Ending H-1B Lottery for Wage-Based Selection Criteria

The Department of Homeland Security (DHS) has proposed abandoning its long-standing practice of allocating H-1B visas for highly skilled workers through a random lottery in favor of a system that would give preference to...more

State Department Proposes Changes to Business Visas Rules

The Department of State (DOS) has proposed changes to policy and regulations governing the use of short-term B-1 visas in an attempt to clarify, and in some cases limit, the use of these visas, which have long been a source...more

The National Rapid Response Strike Force: Reinforcing DOJ’s Commitment to Targeting Health Care Fraud

Last week, the United States Department of Justice (“DOJ”) announced the creation of the National Rapid Response Strike Force (“NRR Strike Force”) within the DOJ’s Health Care Fraud Unit. The announcement was made in...more

Trump Administration Suspends Work Visa Program for Highly Skilled and Other Workers

On June 22, 2020, President Trump issued a “Proclamation Suspending Entry of Aliens Who Present a Risk to the U.S. Labor Market Following the Coronavirus Outbreak,” that will suspend entry to the United States for H-1B, H-2B,...more

Speaker Programs and the Pharmaceutical Industry

In December 2019, Teva settled with the Department of Justice (DOJ) for $54 million to resolve False Claims Act (FCA) allegations that, among other things, Teva induced physicians to write prescriptions for drugs that treat...more

Private Equity Firms, the Healthcare Industry, and the FCA: The “Butterfly Effect” in Action?

When Riordan, Lewis & Haden Inc. (RLH), a private equity firm, found itself ensnared in a False Claims Act (FCA) litigation for its role in a prescription drug kickback scheme orchestrated by one of its portfolio companies,...more

Insys Ruling Casts Doubt on DOJ Opioid Investigations

On May 2, 2019, a jury sitting in the District of Massachusetts convicted five senior executives of Insys Therapeutics, Inc. (Insys) with racketeering conspiracy in violation of Title 18, United States Code, Section 1962(d)....more

Proposed Changes to Stark and Anti-Kickback Regulations May Provide New Flexibility for Healthcare Providers

On October 9, 2019, the Department of Health and Human Services (HHS) announced proposals for a number of new and revised exceptions to the Stark Law and safe harbors for the Anti-Kickback Statute (AKS) that are intended to...more

Common Physician Compensation Arrangement May Face Increased Scrutiny Under Stark Law

On September 17, 2019, the Third Circuit Court of Appeals issued a decision with potentially far-reaching implications for healthcare companies and providers facing allegations of violations of the Stark Law. In United States...more

Investigations Alert: Connolly Ruling Creates Complications for Prosecutors, Companies Seeking to Cooperate

On May 2, 2019, a court in the Southern District of New York ruled in United States v. Connolly (16-CR-370) that statements made by an employee to outside counsel during an internal investigation were subject to certain...more

Trump Administration Seeking to Remove H-4 Dependent Spouses from the Class of Aliens Eligible for Employment Authorization

The Trump Administration is moving forward with plans to rescind a rule that allows the spouses of H-1B visa holders to work in the U.S. On February 22, 2019, the Department of Homeland Security (“DHS”) sent a proposed rule,...more

DOJ Announces New Policy on Assessing the Need for and Selection of Corporate Monitors

On October 12, 2018 in remarks made at the NYU School of Law Program on Corporate Compliance and Enforcement’s Conference on Achieving Effective Compliance, Assistant Attorney General for the U.S. Department of Justice...more

President Trump Signs Buy American and Hire American Executive Order

Yesterday President Trump signed an important executive order promoting “Buy American” and “Hire American” policies. In light of the Order, clients should be aware of...more

DOJ Outlines New Policy Regarding White Collar Cases Against Individuals

The Department of Justice has released a new policy intended to further the Department’s effort to hold individuals accountable for corporate wrongdoing. The policy was laid out in a September 9, 2015 memorandum authored by...more

Supreme Court Strengthens False Claims Act’s Statute of Limitations, Narrows First-to-File Bar

The U.S. Supreme Court recently resolved two important questions under the False Claims Act (FCA), holding that (1) the Wartime Suspension of Limitations Act (WSLA), 18 U.S.C. § 3287, applies only to criminal cases, and (2)...more

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