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HTMLFalse Claims and Anti-Kickback Defendants Should Insist on Discovery from the Whistleblower/Relator
Seth A. Goldberg; Duane Morris LLP;
Legal Alert/Article
February 17, 2015, previously published on December 22, 2014
One arrow in the quiver for healthcare providers sued for violations of false claims and anti-kickback statutes is pressing for discovery from the whistleblower/relator, including a deposition of the relator. The failure of the whistleblower to comply with the discovery obligations could result in...

 

HTMLAnother Win for a False Claims Act Defendant
Seth A. Goldberg; Duane Morris LLP;
Legal Alert/Article
February 17, 2015, previously published on January 5, 2015
On January 2, 2015, the U.S. District Court for the Central District of California threw out claims that Walgreens pharmacy violated the federal and California false claims acts on the basis that the plaintiff failed to meet the applicable stringent pleading requirements.

 

HTMLMore about the Monkey and the Selfie
Mark A. Fischer; Duane Morris LLP;
Legal Alert/Article
February 17, 2015, previously published on December 15, 2014
The New Media Entertainment blog of August 18, 2014 http://blogs.duanemorris.com/newmedialaw/2014/08/18/are-copyrighted-works-only-by-and-for-humans-the-copyright-planet-of-the-apes-and-robots/ attracted a new blog reader, David Slater. He’s the photographer who had contested...

 

HTMLPennsylvania Supreme Court Adopts New Standards for Strict Liability Claims
Duane Morris LLP;
Legal Alert/Article
February 17, 2015, previously published on January 5, 2015
On November 19, 2014, the Pennsylvania Supreme Court issued its much-anticipated decision in Tincher v. Omega Flex, Inc. (No. 17 MAP 2013), in which it addresses the proper standard under Pennsylvania law for strict liability claims relating to allegedly defective products. Although the court...

 

HTMLNLRB Overturns Register Guard and Holds Employee Use of Email on Nonworking Time for Union Organizing Must Presumptively Be Permitted
Duane Morris LLP;
Legal Alert/Article
February 17, 2015, previously published on December 15, 2014
On December 11, 2014, a divided National Labor Relations Board (the "Board") overturned its 2007 decision in Register Guard and held that employee use of email on nonworking time for Section 7 purposes must presumptively be permitted by employers who have chosen to give employees access...

 

HTMLNew York Public Authorities Law Amended To Establish That The Time To File A Notice Of Claim Against The NYC School Construction Authority Is To Commence At "Denial" Of Claim, As Opposed To "Accrual" Of Claim
Jose A. Aquino; Duane Morris LLP;
Legal Alert/Article
February 17, 2015, previously published on December 19, 2014
On December 17, 2014, New York Governor Cuomo signed into law a bill to amend the New York Public Authorities Law, in relation to contractual claims and actions against the New York City School Construction Authority (“SCA”). The amendment adds an additional sentence to §1744(2) of...

 

HTMLSummary of EU Changes to the Rule on VAT Place of Supply of Services
Duane Morris LLP;
Legal Alert/Article
February 17, 2015, previously published on January 12, 2015
From 1 January 2015, VAT payable on the supply of digital services (telecommunications, broadcasting and electronic) will be determined by the location of the consumer in all circumstances. This means that VAT on digital services supplied will be paid for in the consumer's country and charged at...

 

HTMLOFAC General License No. 5 Allows Certain Activities Prohibited by Executive Order 13685 in Order to Wind Down Operations in Crimea Region of Ukraine
Duane Morris LLP;
Legal Alert/Article
February 17, 2015, previously published on January 5, 2015
On December 19, 2014, President Obama signed Executive Order 13685, which further limits commercial transactions and blocks the property and interest in property of certain persons associated with the Russian occupation of the Crimea region of Ukraine. The Order announced additional steps that...

 

HTMLTax-Related Identity Theft and Scams Skyrocketing ... Stay Protected
Duane Morris LLP;
Legal Alert/Article
February 16, 2015, previously published on December 8, 2014
Victims of identity theft and, in particular, tax-related identity theft and tax scams continue to increase at alarming rates. The Internal Revenue Service (IRS) estimates that it erroneously paid more than $5 billion in fraudulent tax refunds to identity thieves in 2013. Tax-related identity theft...

 

HTMLLatest Developments in Regulation of XXX/AXXX Captives
Duane Morris LLP;
Legal Alert/Article
February 16, 2015, previously published on December 8, 2014
The National Association of Insurance Commissioners (the "NAIC") is forging ahead with its work on captive insurance companies used by life insurance companies to finance reserves required under current regulations; these reserves are commonly referred to as "XXX reserves" for...

 


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