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HTMLConservatives urge TSA privatization
Christopher Barron; McDonald Hopkins LLC;
Legal Alert/Article
June 20, 2016, previously published on May 25, 2016
Wait lines at TSA airport security checks are getting longer and longer, and the frustration of travelers is getting more and more intense. As lawmakers grapple with potential fixes to shorten the lines, some are advocating simply privatizing airport screening and getting the government out of it.

 

HTMLSweeping Ruling Expands Reach of the False Claims Act
Jennifer Dowdell Armstrong, Richard H. Blake, Bruce E. Reinhart; McDonald Hopkins LLC;
Legal Alert/Article
June 20, 2016, previously published on June 6, 2016
Can a health care provider be liable for making a false claim to the United States government if the claim is presented to a third-party insurer, not the government itself? Can there be liability even if the inaccuracy in the claim had no effect on the decision to pay the claim?

 

HTMLJustices Grapple with Limits of False Claims Act Liability in Implied Certification Cases
Thomas S. Crane, Kate F. Stewart; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
Legal Alert/Article
June 19, 2016, previously published on April 26, 2016
Last week the Supreme Court heard oral argument in a False Claims Act (“FCA”) case in which the Court is considering the validity of the so-called implied false certification theory. This theory attaches FCA liability when a person submits a claim for payment notwithstanding a violation...

 

HTMLMassachusetts Legislature Overhauls Public Records Law
Elissa Flynn-Poppey, Julia C. Lindsey; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
Legal Alert/Article
June 17, 2016, previously published on June 3, 2016
Last week the Massachusetts Legislature adopted significant changes to the Massachusetts Public Records Law. These changes apply to all state agencies and municipalities and in theory are designed to improve the disclosure of public records in the Commonwealth. The Governor signed the bill into law...

 

HTMLCISA Guidelines (Part 3): Guidance to Assist Non-Federal Entities
Christopher J. Harvie, Ari Z. Moskowitz; Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
Legal Alert/Article
June 17, 2016, previously published on March 18, 2016
As we wrote previously, the federal government released several guidance documents last month implementing The Cybersecurity Information Sharing Act (CISA). Among these was the Guidance to Assist Non-Federal Entities to Share Cyber Threat Indicators and Defensive Measures with Federal Entities...

 

HTMLAlready Enormous False Claims Act Penalties Set to Increase
Brian P. Dunphy, Samantha P. Kingsbury; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
Legal Alert/Article
June 17, 2016, previously published on May 6, 2016
The already enormous per-claim penalties under the federal False Claims Act (“FCA”) may nearly double by August 1, 2016, ratcheting up the stakes of FCA cases for health care providers, pharmaceutical and medical device manufacturers, and life sciences companies subject to the FCA. This...

 

HTMLCourt of Appeals Issues Critical Decision on "Big Box" Store Property Tax Appeals
Jack L. Van Coevering; Foster, Swift, Collins & Smith, P.C.;
Legal Alert/Article
June 16, 2016, previously published on May 27, 2016
On May 26, 2016, the Court of Appeals issued a published decision in Menards Inc v City of Escanaba, --- Mich App ---; COA Dk No. 325718 (May 26, 2016), reversing the Tax Tribunal’s decision. The Court of Appeals held that when a market contains distressed sales of property, a sales...

 

HTMLLCBO Mark-Up Challenged in Court
Brian Kells; Perley-Robertson Hill McDougall LLP/s.r.l.;
Legal Alert/Article
June 16, 2016, previously published on May 25, 2016
In 2015, Toronto Distillery Co., a small craft distiller of spirits such as gin and whisky, launched a court challenge to Ontario’s regulatory regime for on-site sales of spirits by producers.

 

HTMLBringing Light to Michigan’s “Dark Stores”
Jack L. Van Coevering; Foster, Swift, Collins & Smith, P.C.;
Legal Alert/Article
June 16, 2016, previously published on May 31, 2016
Over the last year, a number of Michigan and national newspapers have reported on the “Dark Store Theory” of valuation---a property tax minimization strategy national retailers have used to claim that their “big box” stores should be valued differently from other commercial...

 

HTMLStanding, Your New Best Friend
Scott A. Dienes; Foster, Swift, Collins & Smith, P.C.;
Legal Alert/Article
June 16, 2016, previously published on April 28, 2016
An applicant is denied approval on a project and sues. Neighbors oppose a new project and sue. Sound familiar?

 


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