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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...


Adobe PDFSalinas v. Texas: How the Supreme Court’s Decision in a Murder Case Impacts the Issue of “Remaining Silent” in Corporate White Collar Investigations
Lane Powell PC;
Legal Alert/Article
September 18, 2013, previously published on September 16, 2013
The Supreme Court recently issued an opinion in a Texas murder case that has broad implications for any corporate representative or employee who seeks to invoke his or her Fifth Amendment Right against self-incrimination in the course of a government investigation.


HTMLSEC Whistles Grow Louder
Rebecca M. Katz; Motley Rice;
Legal Alert/Article
September 17, 2013, previously published on September 17, 2013
More than two years have passed since the launch of a new Securities and Exchange Commission (SEC) whistleblower program established by the 2010 Dodd-Frank Act - a program that offers a bounty of 10 to 30 percent of recovered sanctions to whistleblowers that significantly assist an SEC...


HTMLWrongful Termination in Missouri: Whistleblower Claims and the Public Policy Exception to Employment-at-Will
Ambika Behal, Hal D. Meltzer; Baker Sterchi Cowden & Rice, L.L.C.;
Legal Alert/Article
September 17, 2013, previously published on September 11, 2013
Missouri adheres to the rule prevailing in most jurisdictions that in the absence of a contract between an employer and employee for a definite term or a contrary statutory provision, an employee can be terminated at any time with or without cause or for any reason, provided the termination does...


HTMLSEC Announces Additional Whistleblower Award Based on Assets Seized by Justice Department
Allana M. Grinshteyn, Harris Michael Mufson, Steven J. Pearlman; Proskauer Rose LLP;
Legal Alert/Article
September 16, 2013, previously published on September 10, 2013
After awarding the second-ever whistleblower bounty award pursuant to Section 922 of the Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank) in connection with SEC v. Andrey C. Hicks and Locust Offshore Mgmt., LLC., No. 1:11-cv-11888-RGS (D. Mass. 2011), the SEC announced that...


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...


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),...


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...


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...


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