Medical Device Legal News with Sam Bernstein: Episode 10
Compliance Perspectives: Changes to the Physician Self-Referral and Anti-Kickback Rules
Investment Management Roundtable Discussion – Regulatory and Enforcement Update
FCPA Compliance and Ethics Report-Episode 131, The FCPA Professor Takes a Look Back at 2014
Seyfarth Synopsis: The California Supreme Court held that PAGA does not apply to public entity employers....more
On August 6, the U.S. Court of Appeals for the Second Circuit issued a significant opinion that clarifies the requirements for pleading a reverse false claim under the False Claims Act (FCA). - The Second Circuit joined...more
The Tennessee Department of Environment and Conservation (“TDEC”) issued an April 15th Director’s Order and Assessment (“Order”) to Peters Hollow Water System, Inc. (“Peters Hollow”). See Case No. DWS23-0189. The...more
A long-awaited Third Circuit decision held that securitization trusts holding student loans are “covered persons” subject to the CFPB’s enforcement and investigative powers because they “engage” in offering or providing...more
The Tennessee Department Environment & Conservation (“TDEC”) issued a February 27th Director’s Order and Assessment (“Order”) to Walnut Creek Timber, LLC (“Walnut Creek”). The Order provides that Walnut Creek operates a...more
The United States Environmental Protection Agency (“EPA”) published in the December 1st Federal Register proposed amendments to the Clean Air Act National Emission Standards for Hazardous Air Pollutants for the oil and gas...more
In coordination with the Centers for Medicare & Medicaid Services (CMS), the Department of Health and Human Services (HHS) and Office of the National Coordinator for Health Information Technology (ONC) proposed a...more
Eleventh Circuit Adopts “Totality of the Circumstances” Test for Showing Protected Activity Under SOX and Denies Whistleblower Petition for Review - In Ronnie v. Office Depot, LLC, --- F.4th ----, 2023 WL 6210623 (11th Cir....more
The Tennessee Department of Environment and Conservation (“TDEC”) issued an August 11th proposed Director’s Order and Assessment (“Order”) to West Point Utility District (“West Point”) alleging violations of the Tennessee...more
The Tennessee Air Pollution Control Board (“Board”) issued a May 4th Proposed Technical Secretary’s Order and Assessment of Civil Penalty (“Order”) to AZZ Galvanizing – Chattanooga LLC (“AZZ”) addressing an alleged violation...more
The Tennessee Department of Environment and Conservation (“TDEC”) issued an April 12th proposed Director’s Order and Assessment (“Order”) to Ultra Tech Extrusions of Tennessee, Inc. (“Ultra Tech”) addressing alleged...more
On April 14, 2023, the U.S. Supreme Court afforded defendants the ability to directly challenge the structural constitutionality and existence of the Federal Trade Commission (and the Securities and Exchange Commission) in...more
The Tennessee Air Pollution Control Board ("Board") issued a proposed Technical Secretary's Order and Assessment of Civil Penalty ("Order") on March 15th to Hommel Concrete Company ("HCC"). See APC22-0192. The Order...more
The Tennessee Air Pollution Control Board (“Board”) issued a November 1st proposed Technical Secretary’s Order and Assessment of Civil Penalty (“Order”) to Assurance Operations Corporation d/b/a AOC Metal Works (“Assurance”)....more
One of the bellwether price gouging cases from the early days of the COVID-19 pandemic was recently reversed and remanded by New York’s First Judicial Department of the Appellate Division. New York Attorney General...more
Most of California’s Industrial Welfare Commission (IWC) wage orders mandate that employees “shall be provided with suitable seats when the nature of the work reasonably permits the use of seats.” The California Court of...more
On May 18, 2022, the United States Court of Appeals for the Fifth Circuit (the “Fifth Circuit”) dealt a major blow to the U.S. Securities and Exchange Commission’s (“SEC”) enforcement program. In Jarkesy v. SEC, the Fifth...more
On May 17, 2022, the US Court of Appeals for the DC Circuit issued an opinion in a False Claims Act suit, narrowly interpreting the so-called “government-action bar.” The government-action bar, 31 USC § 3730(e)(3), forecloses...more
Last week, the First Circuit Court of Appeals ruled that a person who enters into an administrative settlement with a state is immune from citizen suits seeking civil penalties, but not immune from suits for declaratory or...more
The Tennessee Department of Environment and Conservation (“TDEC”) issued a proposed Director’s Order and Assessment (“Order”) to Diversified Scientific Services, Inc. (“DSSI”) addressing alleged violations of the Tennessee...more
Recently, the New York Court of Appeals issued another ruling in a long-running insurance coverage dispute concerning $140 million in disgorgement paid by Bear Stearns pursuant to an SEC settlement over fifteen years ago. ...more
The Tennessee Department of Environment & Conservation Division of Underground Storage Tanks (“Division”) issued a Proposed Order and Assessment (“Order”) to South Broad Fueling Systems, LLC (“South Broad”) addressing an...more
While the National Labor Relations Board (“NLRB”) previously upheld an employer policy that prohibited employee phone use at work for safety and security reasons, the Federal Communications Commission (“FCC”) recently upheld...more
On December 28, 2021, the federal government submitted notices to appeal three federal district court decisions related to the use of contract pharmacies under the federal 340B drug pricing program. The appeals are the latest...more
The Eleventh Circuit has become the first federal court of appeals to directly address whether the Eighth Amendment’s Excessive Fines Clause applies to the monetary award in a declined False Claims Act (FCA) case. And in an...more