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HTMLTitle VII Severance Agreement Issue Remains in Legal Limbo: Judge Tosses EEOC’s Suit Against CVS Solely on Procedural Grounds
Daniel Long; Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
Legal Alert/Article
October 28, 2014, previously published on October 22, 2014
Last month, we reported that an Illinois district court judge threw out the EEOC’s controversial lawsuit against CVS seeking to invalidate its severance agreements. The judge there did so and promised to follow up with a written opinion. That opinion has now arrived, but it’s not the...

 

HTMLThe Affordable Care Act-Countdown to Compliance for Employers, Week 10: What’s an Employer to Do (with Marketplace Notices)?
Alden J. Bianchi; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
Legal Alert/Article
October 28, 2014, previously published on October 22, 2014
Under the Affordable Care Act’s employer shared responsibility rules, applicable large employers (those with 50 or more full-time and full-time equivalent employees on business days during the preceding calendar year) incur exposure for assessable payments under Internal Revenue Code §...

 

HTMLThe Incredible Shrinking Red Bull Refund: How Should Courts Verify Class Membership?
Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
Legal Alert/Article
October 23, 2014, previously published on October 16, 2014
A recent class action settlement has brought fresh attention to two age-old questions. The first: does Red Bull actually give you wings? The second: how carefully should courts screen out bogus claimants from proposed classes of refund-seeking consumers?

 

HTMLFront End Changes and, Again, More DIR Columns
Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
Legal Alert/Article
October 21, 2014, previously published on October 17, 2014
Since the beginning of the Medicare Part D program, CMS has introduced many reporting mechanisms for trying to understand drug pricing, price concessions, and the cost of providing services to Part D members. The tool CMS has turned to most often is the direct and indirect remuneration...

 

HTMLLife Care Centers Seeks Sixth Circuit Review of Decision Allowing Statistical Sampling/Extrapolation in FCA Case
Laurence J. Freedman, Samantha P. Kingsbury, Ellyn L. Sternfield; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
Legal Alert/Article
October 21, 2014, previously published on October 16, 2014
Last week, we posted about U.S. District Court Judge Harry Mattice’s September 29th ruling that government attorneys could extrapolate from a small sample of patient admissions to over 50,000 patient admissions (and over 150,000 claims) by Life Care Centers of America, Inc. (a nursing home...

 

HTMLFederal Judge Rules to Allow Extrapolation on More Than 50,000 Patient Admissions in FCA Case
Samantha P. Kingsbury, Ellyn L. Sternfield; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
Legal Alert/Article
October 21, 2014, previously published on October 6, 2014
Last week, a Tennessee federal district court judge ruled that government attorneys can extrapolate from a small sample of billing statements to over 50,000 patient admissions by Life Care Centers of America, Inc. (a nursing home operator) to try to hold Life Care Centers liable under the False...

 

HTMLDriver’s Licenses for DACA Beneficiaries
Barbara Chin, William L. Coffman, Susan J. Cohen, Angel Feng, Michele D. Frangella; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
Legal Alert/Article
October 17, 2014, previously published on October 13, 2014
According to The Huffington Post, the State of Arizona and the US Federal Government are once again tussling over domain with regard to benefits based on immigration status. This round it’s driver’s licenses and DACA beneficiaries.

 

HTMLThe Affordable Care Act—Countdown to Compliance for Employers, Week 11: Rethinking ACA Compliance Strategies Involving Reference Pricing Models and “MVP” Arrangements
Alden J. Bianchi; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
Legal Alert/Article
October 17, 2014, previously published on October 14, 2014
Under the Affordable Care Act’s rules governing employer shared responsibility—which are codified in Internal Revenue Code § 4980H—where an applicable large employer makes an offer of group health plan coverage that is both “affordable” and provides “minimum...

 

HTMLFederal Judge Rules to Allow Extrapolation on More Than 50,000 Claims in FCA Case
Samantha P. Kingsbury, Ellyn L. Sternfield; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
Legal Alert/Article
October 14, 2014, previously published on October 6, 2014
Last week, a Tennessee federal district court judge ruled that government attorneys can extrapolate from a small sample of billing statements to over 50,000 claims submitted by Life Care Centers of America, Inc. (a nursing home operator) to try to hold Life Care Centers liable under the False...

 

HTMLThe Supreme Court Continues to Punt on False Claims Cases
Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
Legal Alert/Article
October 14, 2014, previously published on October 7, 2014
The first day of the Supreme Court term saw it decline, without comment, certiorari on two cases raising issues of liability and the sufficiency of pleading under the federal False Claims Act (FCA).

 


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