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 | Entities Billing for Physicians Need to Check Criminal Histories, Based on Authority of CMS to Revoke Billing Privileges Retroactively for Certain Criminal Convictions
November 6, 2009, previously published on November 2, 2009 Revocation of billing privileges is a relatively new enforcement tool being used by the Centers for Medicare & Medicaid Services (CMS). Based on the authority of CMS to revoke billing privileges based on certain criminal convictions occurring in the 10 years preceding enrollment or... |
| District Court Finds False Claims Act (FCA) Punitive in Nature and Holds Retroactive Application of the Fraud Enforcement and Recovery Act of 2009 (FERA) Unconstitutional
November 6, 2009, previously published on November 2, 2009 In United States ex rel. Sanders v. Allison Engine Co., Inc., No. 1:95-cv-970 (S.D. Ohio Oct. 27, 2009), the court found FERA's retroactive effective date for certain claims pending on or after June 7, 2008 to be both inapplicable to the facts of the case and a violation of the Ex Post Facto Clause... |
 | Congressional Tax Proposals May Significantly Impact the Global Financial System
November 6, 2009, previously published on November 2009 On October 27, 2009, the Chairmen of the House Ways and Means and the Senate Finance Committees introduced identical legislation ostensibly aimed at offshore tax evasion. The bill is titled the "Foreign Account Tax Compliance Act of 2009" (the Act). The Act has already earned the nickname... |
| Unraveling Financing Transactions under Fraudulent Conveyance Laws: The Lessons of In re TOUSA, Inc.
Fried, Frank, Harris, Shriver & Jacobson LLP; November 5, 2009, previously published on November 2, 2009 Lenders are often counseled about fraudulent conveyance risks when they engage in financing transactions. It is usual, customary and the norm for steps to be taken to attempt to reduce such risks, including obtaining solvency and fairness opinions and using so-called savings clauses in loan... |
| Health Care Reform: More Aggressive Fraud Enforcement and Broader Government Oversight are on the Horizon
Douglas W. Baruch, John T. Boese, Beth C. McClain; Fried, Frank, Harris, Shriver & Jacobson LLP; November 5, 2009, previously published on November 5, 2009 Much of the current debate surrounding health care reform has focused on entitlements and the mechanisms for paying for them. Less attention is being paid to important provisions in pending House and Senate bills that would...Make it significantly easier for the government to prove certain health... |
| Financial Action Task Force Adopts AML Guidance for the Life Insurance Industry
Karen A. Benson; Jorden Burt LLP; November 5, 2009, previously published on October 28, 2009 New international guidance ("Guidance") aimed at applying a risk-based approach to combating money laundering ("ML") and terrorist financing ("TF") in the life insurance industry was adopted at the October 2009 Plenary Session of the Financial Action Task Force... |
| Prosecuting Spoliation Claims
Anne De Geest, Jason B. Fliegel; Mayer Brown LLP; November 5, 2009, previously published on October 30, 2009 A large company is defending itself in a breach of contract lawsuit. In order to prepare its defense, the company requests documents from the plaintiff that include electronically stored information (ESI). The company believes that plaintiff possesses certain emails and drafts of the contract that... |
| Supreme Court to Address Standard for Challenges Investment Adviser Fees under the Investment Company Act
Elizabeth J. Betta, John A. Freedman, Scott B. Schreiber, Richard P. Swanson, Michael D. Trager; Arnold & Porter LLP; November 3, 2009, previously published on November 2009 On November 2, 2009, the United States Supreme Court will hear oral argument in Jones v. Harris Associates L.P., No. 08-586, a matter concerning claims under Section 36(b) of the Investment Company Act of 1940 against a mutual fund investment adviser alleging that the adviser breached its fiduciary... |
| New IRS Initiative to Discover Unreported Income and Proposed Foreign Account Tax Compliance Act of 2009
Robert A. Friedman, Mark A. Goldsmith; Troutman Sanders LLP; November 3, 2009, previously published on October 29, 2009 On Monday, IRS Commissioner Douglas Shulman announced the creation of a new enforcement unit dubbed the Global High Wealth Industry Group, to target wealthy individuals for audit with specific emphasis on offshore trusts, international sourcing of income, foreign tax residences, offshore accounts... |
| Executing Documents in the UK Following the Court Ruling in the "Mercury Case" Squire, Sanders & Dempsey L.L.P.; November 2, 2009, previously published on October 2009 In May 2009 The Law Society's Company Law Committee and The City of London Law Society's Company Law and Financial Law Committees prepared and published a joint guidance note called "Guidance on Execution of Documents at a Virtual Signing or Closing" (the Guidance). The Guidance (which is... |
