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HTMLMassachusetts Launches New Program to Combat Provider Fraud
Kimberly J. Gold, Stephanie D. Willis; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
Legal Alert/Article
September 13, 2013, previously published on September 12, 2013
Last week, the Massachusetts’ Secretary of Health and Human Services, John Polanowicz, announced the launch of a new $5 million program designed to detect and prevent provider fraud, waste, and abuse in MassHealth, the Commonwealth’s Medicaid program. Under the MassHealth anti-fraud...


HTMLGovernment Whistleblower Cases: Alleged Fraud and False Statement Was Not Included in Actual Claim
Berger Montague P.C.;
Legal Alert/Article
September 9, 2013
In a little-noticed and curiously-denominated filing last month, the United States Department of Justice articulated several very significant points of law under the federal False Claims Act. The case is United States ex rel. Helen Ge v. Takeda Pharmaceutical Co., Nos. 13-1088, 13-1089, pending in...


HTMLNew Jersey Supreme Court Requires Law Enforcement to Secure a Warrant Before Obtaining Location Data From Wireless Carriers
Paul G. Nittoly; Drinker Biddle & Reath LLP;
Legal Alert/Article
September 9, 2013, previously published on September 9, 2013
On July 18, 2013, the New Jersey Supreme Court unanimously found a state constitutional right to privacy protecting a mobile phone user’s location data (as broadcast by a powered-on mobile device). The New Jersey Supreme Court’s decision in State v. Earls, 2013 WL 3744221 (N.J. 2013),...


HTMLNo Bar is Off-Limits: SEC Enforces 2004 Order Barring Accountant
Hillary S. Profita, Michael J. Rivera; Venable LLP;
Legal Alert/Article
September 5, 2013, previously published on September 2013
In a rare and aggressive move, the Securities and Exchanges Commission (SEC or Commission) recently sought a court order enforcing an almost decade-old SEC suspension of an accountant and forcing the accountant to disgorge over half a million dollars of compensation earned for providing prohibited...


Adobe PDF2013 National Defense Appropriations Act: Important Expansion of Whistleblower Protections
Nathan A. Cohen, Lori Ann Lange, Edward O. Pacer; Peckar & Abramson A Professional Corporation;
Legal Alert/Article
August 30, 2013, previously published on August 2013
On July 1, 2013, the 2013 National Defense Authorization Act (“NDAA”) went into effect. This Act is the latest example of the legal trend towards making it easier to achieve “whistleblower” status and providing greater protections when one becomes a whistleblower. Simply...


Adobe PDFHigh Court's Decision Next Term May Increase Sarbanes-Oxley Whistleblower Litigation
Sutherland Asbill Brennan LLP;
Legal Alert/Article
August 29, 2013, previously published on August 28, 2013
This November, in Lawson v. FMR LLC, the United States Supreme Court will hear argument on whether “whistleblowers” employed by a privately held contractor or subcontractor of a publicly traded company are protected from retaliation by the Sarbanes-Oxley Act of 2002 (SOX). The Court...


HTMLFifth Circuit Joins Chorus to Rein in False Claims Act
Brian P. Dunphy, Ellyn L. Sternfield; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
Legal Alert/Article
August 29, 2013, previously published on August 27, 2013
Add the Fifth Circuit to the list of jurisdictions questioning the use of the federal False Claims Act (FCA) in instances where - using the theory of implied certification - the alleged falsity is not apparent on the face of the claim. And in doing so, one Judge articulated many...


Adobe PDFReflections on Anti-Corruption Legislation Enforcement in the Sporting Events Arena: A Legal Analysis on Contemporary Match-Fixing Matters
Gönenç Gürkaynak; ELIG Attorneys-at-Law;
August 27, 2013, previously published by The 10th Annual IBA Anti-Corruption Conference
his contribution aims to set out an overview of match-fixing as a reflection of white-collar crime while zeroing in on a contemporary example from Turkey in the backdrop of canvassing landmark incidents in specific sports fields, while also outlining various sports regulations that have been...


Adobe PDFThe Changing Implications and Broadening Reach of Anti-Corruption Legislation: Issues and Concerns Regarding the FCPA Enforcement
Gönenç Gürkaynak; ELIG Attorneys-at-Law;
Legal Alert/Article
August 27, 2013, previously published by Baltzer Science Publishers
Corruption is a threat: to the individual, the company executive, the company’s reputation and its shareholders, and to international trade and commerce generally. The recent publication by the US Department of Justice of the Foreign Corrupt Practices Act Guidelines has once again re-ignited...


Adobe PDFThe Importance of Anti-Corruption Due Diligence in Corporate Transactions
Gönenç Gürkaynak; ELIG Attorneys-at-Law;
Legal Alert/Article
August 27, 2013, previously published by AI Global Media Ltd.
In an environment, where the national laws of individual states are being enforced extraterritorially and the sanctions to be imposed on breaching actions have the potential to constitute severe impact on activities of multi-national corporations, the anti-corruption due diligence becomes...


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