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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....
|Contract's Notice Provision Bars Claim for Extra Work|
James K. Bidgood, Jay R. Houghton, Joseph Young; Smith, Currie & Hancock LLP;
July 22, 2014, previously published on July 7, 2014The United States Court of Federal Claims recently held that a contractor’s claim for additional compensation for a change should be denied because the contractor failed to satisfy its contract’s written notice requirements. K-Con Building Systems, Inc. v. The United States, 114 Fed....
|New Government-Industry Working Group on Wind Energy Development in Québec|
Louis-Nicolas Boulanger, Mathieu Bernier Trudeau; McCarthy Tétrault LLP;
July 22, 2014, previously published on July 18, 2014Québec Minister of Energy and Natural Resources Pierre Arcand announced yesterday the creation of a Government-industry working group destined to assess the development of the provincial wind power industry.
|Executive Order Extends Workplace Anti-Discrimination Protections to LGBT Workers of Federal Contractors|
Jackson Lewis P.C.;
July 22, 2014, previously published on July 21, 2014Though it took longer than expected, President Barack Obama has signed an Executive Order extending protections against workplace discrimination to members of the lesbian, gay, bisexual, and transgender (“LGBT”) community. Signed July 21, 2014, the Executive Order prohibits...
|Wyndham Seeks Immediate Appeal Over FTC Authority To Regulate Data Security While District Court Allows Case To Proceed On Common-Enterprise Theory|
Stephen Lilley, Archis A. Parasharami; Mayer Brown LLP;
July 22, 2014, previously published on July 21, 2014 For the past two years, a federal court in New Jersey has considered important data security issues in the FTC v. Wyndham Worldwide Corp. litigation. Two recent opinions issued by the court now have brought that case back into the news—and made clear that the stakes are as high as ever.
|Consistency among Circuits for Securities Class Certification after the U.S. Supreme Court Halliburton Decision|
John A. Menicucci; Husch Blackwell LLP;
July 22, 2014, previously published on July 17, 2014On June 23, 2014, the United States Supreme Court issued its decision in Halliburton Co., et al. v. Erica P. John Fund, Inc., No. 13-317 (2014). The Supreme Court vacated and remanded the decision of the 5th Circuit U.S. Court of Appeals and did not part from its 1988 decision in Basic Inc. v....
|U Visas (Aka U Non-Immigrant Status)|
Michael J. Spychalski; Bailey & Galyen, Attorneys at Law;
July 22, 2014, previously published on July 15, 2014The U non-immigrant status (u visa) is a visa set aside for victims of crimes who have suffered substantial mental or physical abuse and are willing to assist law enforcement and government officials in the investigation or prosecution of the criminal activity. This visa was created in October...
|Excess Lines Association of New York Advises on Foreign Account Tax Compliance Act (FATCA) Compliance|
Colodny Fass Talenfeld Karlinsky Abate Webb P.A.;
July 22, 2014, previously published on July 18, 2014In Bulletin No. 2014-15 issued yesterday, July 17, 2014, the Excess Lines Association of New York ("ELANY") responded to questions it has received to date about the implementation of the Foreign Account Tax Compliance Act ("FATCA"), which is scheduled to go into effect under its...
|When Your Plaintiff Is a Prostitute|
Jonathan T. Hyman; Kohrman Jackson & Krantz PLL;
July 22, 2014, previously published on July 21, 2014Let’s say an employee sues your company for sexual harassment. And let’s say the allegations are bad-that the supervisor told the plaintiff he could save her job if she “f***ed” him, after which the supervisor raped her. Like I said, BAD. As an employer, you don’t have...
|High Court Rules Autopsy Reports Exempt from the SC Freedom of Information Act|
Bob Coble; Nexsen Pruet, LLC;
July 22, 2014, previously published on July 16, 2014The Court ruled that an autopsy report is exempt from the Freedom of Information Act ("FOIA") disclosure requirements. This is the second opinion in the last month by the Court that restricts the reach of the FOIA.