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HTMLProduction Order Challenge Results in Recognition of Duty to Assert Consumer Privacy Rights
Bonnie Freedman, Graeme Hamilton; Borden Ladner Gervais LLP;
Legal Alert/Article
January 28, 2016, previously published on January 19, 2016
On January 14th, 2016, in R. v. Rogers Communications, Sproat J. of the Superior Court of Justice issued a very important decision for organizations that find themselves subject to a search warrant or production order seeking personal information in their records about third parties. The Court...


HTMLRecord-High $5.7 Billion Recovery in 2014 for US False Claims Act Cases—Health Care Fraud Recoveries More Than $2 Billion for Fifth Straight Year
Laura R. Hammargren, Michael Martinez, William Michael Jr.; Mayer Brown LLP;
Legal Alert/Article
January 12, 2015, previously published on December 2, 2014
The US Department of Justice (DOJ) reported in late November that it recovered a record $5.69 billion from settlements and judgments in civil False Claims Act (FCA) cases in fiscal year 2014. This marks the first time that recoveries have exceeded $5 billion, and brings the total recoveries since...


HTMLCivil Consequences of Criminal Cases
Mohamed N. Bakry, Kevin E. Hexstall; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
September 5, 2014, previously published on September 1, 2014
The disposition of a criminal case may affect the criminal defendant and/or his employer (company) in later civil litigation. Any defense strategy should consider the potential collateral consequences of the criminal case. The disposition of the criminal case may affect a later civil suit regarding...


Adobe PDFFDA Promises Guidance on Lawful Off-Label Promotion
Michael F. Buchanan, William F. Cavanaugh, Joshua A. Goldberg, Erik Haas, Daniel S. Ruzumna; Patterson Belknap Webb & Tyler LLP;
Legal Alert/Article
July 17, 2014, previously published on June 2014
Earlier this month, the U.S. Food and Drug Administration (the “FDA”) announced that by the end of the year, the agency would issue a draft guidance document addressing the contours of lawful and unlawful off-label promotion. The healthcare industry has heralded this announcement as a...


HTMLIs the DOJ FCPA Enforcement Hegemony Dead?
Alexandra M. Gorman, Michael K. Loucks; Skadden, Arps, Slate, Meagher & Flom LLP;
Legal Alert/Article
July 3, 2014, previously published on June 26, 2014
For nearly 15 years, the United States has had the worldwide corruption enforcement stage to itself, reaping billions of dollars in fines and settlement payments from companies that have acknowledged engaging in bribery in foreign countries. That monopoly, however, may soon end. In a report...


HTMLCMS Releases Medicare Part B Supplier Billing and Payment Data
Michael P. Matthews, Lawrence W. Vernaglia; Foley & Lardner LLP;
Legal Alert/Article
April 16, 2014, previously published on April 14, 2014
On April 8, 2014, The Centers for Medicare & Medicaid Services (CMS) released, with tremendous fanfare, hundreds of thousands of points of billing data regarding Medicare suppliers including some 880,000 physicians for 2012. These data are presented in an Excel format that makes searching and...


HTMLIncentivizing Integrity: False Claims Act (FCA) Enforcement On The Rise
Latour "LT" Lafferty; Fowler White Boggs P.A.;
Legal Alert/Article
December 10, 2013, previously published on December 2013
If your company does business with the State or Federal government it has potential FCA exposure. While historical FCA enforcement actions were limited to healthcare and defense procurement industries, organizations in other industries are routinely finding themselves to be subjects of FCA...


HTMLAdmissions of Wrongdoing: The Final Frontier
Heidi A. Wendel; Jones Day;
Legal Alert/Article
November 15, 2013, previously published on November 2013
Admissions of wrongdoing are the final frontier in civil fraud settlements—that elusive element that purportedly makes the payment of even large settlement amounts more than "just a cost of doing business" for the defendant companies. Federal law enforcement agencies have repeatedly...


Adobe PDF$237,454,195 Judgment against Tuomey Healthcare System under False Claims Act
GrayRobinson P.A.;
Legal Alert/Article
October 29, 2013, previously published on October 17, 2013
On September 30, 2013, the United States District Court for the District of South Carolina (the "District Court") ordered entry of judgment on a jury verdict against Tuomey Healthcare System ("Tuomey") in the amount of $237,454,195 in treble damages and civil money penalties...


Adobe PDFPhysician Sunshine Act: Transparency Could Be Costly
Michael A. Kaplan, Robert J. Kipnees, Michael T. G. Long, Maureen A. Ruane; Lowenstein Sandler LLP;
Legal Alert/Article
September 23, 2013, previously published on September 2013
In March 2010, President Obama signed into law the Patient Protection and Affordable Care Act (“ACA”). Buried within the 900 plus pages is a largely still unknown, and certainly underappreciated, provision known as the “Physician Payments Sunshine Act.” The Sunshine Act...


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