Document(s) published by this organization: 151
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|DOJ intervenes in first False Claim Act case involving ACA ’60-day repayment provision’|
Edward L. Barker, Kimela R. West; Husch Blackwell LLP;
July 22, 2014, previously published on July 17, 2014 The U.S. Department of Justice (DOJ) and the New York State Attorney General intervened in a federal False Claims Act (FCA) case on June 27, 2014, accusing Mount Sinai Health System of failing to report and return Medicaid overpayments within 60 days of identifying them. See U.S. ex rel Kane v....
|The Battle Against Patent Trolls Continues|
Michael R. Annis; Husch Blackwell LLP;
July 17, 2014, previously published on July 15, 2014As we advised in a previous post, there seems to be an all-out war against so-called patent trolls. A patent troll is, in general, a pejorative term associated with entities that do not practice their own patents but nonetheless assert those patents against others. Also known as “patent...
|Barko v. Halliburton—How the D.C. Circuit’s Decision Reaffirms the Attorney-Client Privilege in Internal Investigations|
Kevin P. McCart, Steven A. Neeley; Husch Blackwell LLP;
July 15, 2014, previously published on July 10, 2014The attorney-client privilege applies with equal force to internal investigations today as it did 30 years ago thanks to the D.C. Circuit’s recent decision in In re: Kellogg Brown & Root, Inc., No. 14-5055 (D.C. Cir. June 27, 2014). The appeals court decision vacates the March 6, 2014...
|Texas Supreme Court Limits Rights of Minority Shareholders of Closely Held Corporations|
Chauncey M. Lane; Husch Blackwell LLP;
July 15, 2014, previously published on July 9, 2014In a recent ruling by the Texas Supreme Court in Ritchie v. Rupe, a six-justice majority concluded there is no common law claim for “minority shareholder oppression” in Texas. The decision signifies a sharp departure from the last 50 years, as several Texas appellate courts have...
|Will the Supreme Court Uphold Tolling of the Six-Year Limitations Period for Civil False Claims Act Cases During Times of War?|
Elizabeth Leavy; Husch Blackwell LLP;
July 15, 2014, previously published on July 8, 2014Whether the Wartime Suspension of Limitations Act tolls the six-year statute of limitations for civil claims under the False Claims Act will soon be addressed by the Supreme Court. In Kellogg Brown & Root Services, Inc. v. United States ex rel Benjamin Carter, No. 12-1497 (July 1, 2014), the...
|Supreme Court Decisions Impact Higher Education|
Ben Irwin; Husch Blackwell LLP;
July 15, 2014, previously published on July 9, 2014In recent weeks, the U.S. Supreme Court issued several key decisions that have - or may have in the future - implications for institutions of higher education. These rulings focused on the protection of digital information on cellphones, the Affordable Care Act’s contraceptive mandate, the...
|FTC Urges State Legislators to Reconsider Limitations on Nurse Practitioners’ Scope of Practice|
Megan C. Phillips; Husch Blackwell LLP;
July 15, 2014, previously published on July 7, 2014The Federal Trade Commission (FTC) recently issued a policy paper urging state legislators to carefully evaluate proposals that limit nurse practitioners’ scope of practice. Nurse practitioners (also known as Advanced Practice Registered Nurses, or APRNs) are registered nurses who have been...
|EPA Proposes Significant Reductions in Carbon Dioxide Emissions|
Alison M. Nelson; Husch Blackwell LLP;
July 15, 2014, previously published on July 8, 2014On June 18, 2014, the U.S. Environmental Protection Agency (EPA) proposed two new rules that have the potential to significantly limit carbon dioxide emissions from fossil fuel-fired electric generating units (EGUs). EPA is soliciting comments on the proposed rules through October 16, 2014.
|Proposed Bill a Win for Transportation Intermediaries|
David M. Buffo; Husch Blackwell LLP;
July 15, 2014, previously published on July 9, 2014Proposed House bill 4727 would create a so-called “national hiring standard” for motor carriers which would preclude states from imposing liability on anyone arranging for transportation of goods, i.e. transportation intermediaries such as shippers, brokers and freight forwarders. The...
|NLRB Recess Appointments Found Unlawful by Supreme Court|
Terry L. Potter; Husch Blackwell LLP;
July 10, 2014, previously published on June 27, 2014The last year or so has not been a good one for the National Labor Relations Board (NLRB). Time and time again the courts have shot down the Board in a number of matters, including the Board’s notice posting rule, its attempt to modify its own election rules for processing representation...