Investigations are stressful for an organization’s leadership. But what is often overlooked is that they are stressful for an organization’s employees as well. The need-to-know nature of internal investigations usually...more
So, nearly 2 years ago your organization applied for and received COVID-relief funds. The decision was not an easy one. On the one hand, government largesse invariably comes with strings and uncertainties, i.e., risk...more
The inattention some companies pay to their ethics and compliance program never ceases to surprise us. You’d think the frequency of DOJ press releases and prosecutions holding companies accountable for employee wrongdoing...more
Government enforcement efforts are on the rise. In December 2021, the Secret Service announced an initiative to more aggressively counter pandemic-related fraud. Empowered by new personnel, new funding, and new legislation,...more
The conversation about diversity and inclusion in the legal profession has become an increasingly significant and dire one. It’s time for the legal profession to take responsibility for implementing initiatives that ensure a...more
The COVID-19 pandemic has thrown us all into a crisis of uncertainty. How does one stop a global pandemic? How long will it take to bend the contagion curve? How should the business community respond, to both the public...more
Approaching organizational integrity to resolve reputational threats before and after they may occur requires accounting for corporate values, public trust, corporate stakeholders, and reputation while seeking out and...more
A few years back, two of us had the privilege of joining a highly trained SWAT team in New Orleans responding to a call for a barricaded subject with an assault rifle. To be clear, by “joining” we mean observing from the...more
U.S. Attorney’s Offices (“USAOs”) across the country are issuing warning letters to physicians and other prescribers (collectively, “Prescribers”) cautioning them about their opioid prescribing practices (the “Warning...more
2/7/2019
/ Criminal Investigations ,
DEA ,
Department of Justice (DOJ) ,
Enforcement Actions ,
Federal Trade Commission (FTC) ,
Food and Drug Administration (FDA) ,
Opioid ,
Pharmaceutical Industry ,
Pharmacies ,
Physicians ,
Prescription Drugs ,
Regulatory Oversight ,
Risk Mitigation ,
U.S. Attorney ,
Warning Letters
In 2012, the Penn State Lions went 8-4 on the field, passing 3,283 yards, rushing 740 yards, and scoring 349 points. This credible performance earned it a respectable 38th ranking out of the 124 schools in the NCAA’s Division...more
10/31/2018
/ Coaches ,
College Athletes ,
Colleges ,
Corporate Culture ,
Corporate Governance ,
Crime Statistics ,
Criminal Justice Reform ,
Criminal Prosecution ,
Disclosure Requirements ,
Education Reform ,
Educational Institutions ,
Internal Investigations ,
Police ,
Policies and Procedures ,
Professors ,
Risk Mitigation ,
School Safety ,
Students ,
Teachers ,
Universities
As described in an April 17, 2018 article originally posted on the Sheppard Mullin Richter and Hampton, LLP False Claims Act Defense Blog, Kmart Corporation and the U.S. Department of Justice entered into a False Claims Act...more
4/26/2018
/ Attorney's Fees ,
Damages ,
Department of Justice (DOJ) ,
Elder Abuse ,
False Claims Act (FCA) ,
Former Employee ,
Fraud ,
Kmart ,
Medi-Cal ,
Medicaid ,
Medicaid Reimbursements ,
Pharmacies ,
Settlement Agreements ,
Whistleblowers
A Florida federal court threw out a $350 million jury verdict against a nursing facility, citing the Supreme Court’s landmark decision in Universal Health Services, Inc. v. United States ex rel. Escobar. The court explained...more
2/6/2018
/ Administrative Remedies ,
False Claims Act (FCA) ,
False Implied Certification Theory ,
Federal Contractors ,
Health Care Providers ,
Implied Certification ,
Materiality ,
Motion to Dismiss ,
Regulatory Oversight ,
Relators ,
Scienter ,
SCOTUS ,
Summary Judgment ,
Universal Health Services Inc v United States ex rel Escobar
On June 16, 2016, the Supreme Court issued its opinion (“Op.”) in Universal Health Services v. U.S. ex rel. Escobar (“Escobar”), a case testing the viability and scope of the implied certification theory of False Claims Act...more
6/20/2016
/ Conditions of Payment ,
Failure To Disclose ,
False Claims Act (FCA) ,
False Implied Certification Theory ,
Federal Pleading Requirements ,
Fraud ,
Implied Certification ,
Material Misrepresentation ,
Materiality ,
Mental Health ,
SCOTUS ,
Universal Health Services Inc v United States ex rel Escobar ,
Unlicensed Medical Providers
The federal crop insurance program is an often overlooked area of potential liability under the False Claims Act (“FCA”). The program, which is governed by a substantial body of regulatory law, is subject to intense...more
The Health and Human Services (HHS) Office of Inspector General (OIG) provides health care providers an opportunity to disclose potential violations of certain Federal civil and criminal laws in relation to HHS contracts or...more
E-discovery is especially challenging in healthcare related litigation due to the healthcare industry’s reliance on electronically stored information (ESI), the volume of medical records often at issue in health care...more
6/30/2014
/ Discovery ,
Electronic Medical Records ,
Electronically Stored Information ,
False Claims Act (FCA) ,
Halifax Hospital ,
Hospitals ,
Medical Records ,
Medicare ,
Qui Tam ,
Spoliation ,
Statute of Limitations
The Ninth Circuit has reopened a door for off-label marketing prosecutions, and it is important to review your compliance and risk management programs in light of this recent decision. Last December, the pharmaceutical and...more