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Articles by Jonathan Tycko
EyePoint Pays $4.6M to Resolve FCA Kickback Allegations
EyePoint Pharmaceuticals, Inc., a Watertown, Massachusetts-based specialty drug company, has agreed to pay $4,657,463 to the federal government — plus an additional $21,518.68 to participating states — to resolve False Claims Act allegations tied to its marketing of DEXYCU, a corticosteroid injected into the eye following cataract surgery to reduce post-operative inflammation.
Omnicare, CVS Reach $440M Deal to Resolve FCA Allegations
Omnicare LLC and its parent company CVS Health Corporation have reached a proposed $440 million settlement with the Department of Justice to resolve allegations that Omnicare dispensed prescription medications to residents of long-term care facilities without valid prescriptions.
Targeting the Homeless is AssuredPartners’ ACA Enrollment Fraud
AssuredPartners Inc. and its former Florida subsidiary, AP of South Florida LLC (APSF), have agreed to pay more than $135 million to resolve False Claims Act allegations arising from a fraudulent scheme to exploit federal Affordable Care Act subsidy programs.
A Company That Isn’t The Importer Of Record Can’t Get In Trouble For Customs Fraud, Right? Wrong!
Introduction A common belief in the international trade world is that, when products are imported into the United States, only the importer of record (the “IOR”) is on the hook for customs duties. And, accordingly, that a company can insulate itself from liability for duties if it simply doesn’t act as the IOR.
DOJ Announces Settlement for Alleged Evasion of Duties
The U.S. Department of Justice (DOJ) recently announced a settlement of more than $11 million with Harman International Industries, Inc. (Harman), a subsidiary of Samsung Electronics, arising out of Harman’s alleged evasion of duties owed under an Antidumping/Countervailing Duty order. The settlement resolves a lawsuit that was originally filed by a whistleblower under the qui tam provisions of the False Claims Act.
Customs Fraud Whistleblowing: Combat Evasion & Earn Rewards
Are you ready to uncover the secrets behind customs fraud and learn how whistleblowing can make a difference? In this video, we explore the complex world of customs fraud, the importance of whistleblowing, and how you can earn rewards by taking action. Watch the video or read the blog below.
Left WITH a Trace: Insight Global will Pay $2.7 Million for Cyber Security Failures during COVID-19 Contract Tracing
MAY 2, 2024. The United States announced that Insight Global LLC (Insight), an Atlanta-based staffing company, will pay $2.7 million to resolve allegations that the company violated the False Claims Act by failing to protect personal information obtained while contract tracing during the COVID-19 pandemic.
Europe: Agreement On EU ESG Ratings Regulation
On 5 February 2024, the EU Council and the EU Parliament agreed on a provisional text for the ESG Ratings Regulation (the Regulation). Under the Regulation, in-scope EU providers of ESG ratings will require a licence from, and be supervised by, European Securities and Markets Authority (ESMA). In-scope ESG ratings will provide an opinion on a company’s or a financial instrument’s sustainability profile, by assessing its exposure to sustainability risk and its impact on society and the environment.
Can A False Claims Act Qui Tam Case, Alleging Customs Fraud, Be Filed And Pursued Anonymously?
A company you work for, or maybe a competing company, is committing customs fraud. The company is lying about the value of the products it is importing, using improper HTS codes to avoid duties, or importing products that have been transshipped to evade tariffs. What can you do about it? One option is to file what is known as a “qui tam” lawsuit under the federal False Claims Act.
As Three Recent Settlements Demonstrate, Whistleblowers Are the Key to Enforcement of Section 301 Tariffs
The Section 301 tariffs on Chinese-made goods—at the time, known as the Trump Tariffs, although President Biden has embraced them as well—were put in place in 2018. Only recently, more than five years later, have enforcement efforts begun to show up publicly. And, as is often the case, whistleblowers are the tip of the enforcement spear.
Episode 51: State Department Visa Numbers NIL Guidance the Expansion of TPS
Skip to main content November 30, 2023 Volume XIII, Number 334 Legal Analysis. Expertly Written. Quickly Found. Trending News Episode 51: State Department Visa Numbers NIL Guidance the Expansion of TPS Print Mail Download i State Department data shows a dramatic increase in the number of visas issued last fiscal year. Colleges say the need clarity on name, image and likeness rules for foreign student athletes. And the benefits of Temporary Protected Status for employers and individuals.
Recent FTC Report Shows Increase in Dark Patterns
It is impossible to use the internet and not encounter digital advertising. Sometimes they can be useful, sharing new information about products that can help us. But sometimes, they are more than just an annoyance—they threaten our online privacy and our wallets. There are certain rules and regulations that advertisers must follow in order to be in compliance with federal law. Advertising is not the free-for-all that it may seem.
A Statistical Analysis Of The Government’s Settlement Of False Claims Act Lawsuits Alleging Evasion Of Customs Duties
The False Claims Act prohibits fraud on the government or on government-funded programs, and it allows a private citizen or company that has non-public information about such fraud to bring a lawsuit in the name of the government to recover monies owed to the government (plus additional penalties) as a result of that fraud. This type of lawsuit is called a qui tam lawsuit.
HHS OIG Report: COVID-19 Testing Labs Flagged for Fraud
In the initial panic and fear of the 2020 Coronavirus pandemic, barriers to Medicare spending were greatly lowered in order to increase access to COVID-19 testing. This effort to expedite test results, remove hurdles based around expense and insurance reimbursement, and increase the pool of providers available undoubtedly saved lives. It also made healthcare both more accessible and more equitable in the early days of the global pandemic.
Cybersecurity Fraud Reporting Process for Government Contractors DOJ
Cybersecurity breaches cost American businesses and taxpayers close to $7 billion in losses, according to recently released FBI reports. A vast majority of phishing, hacking, and cybercriminal attacks target small to medium-sized businesses, leeching thousands out of the economy with every hit. Because of these hefty losses, many companies now realize the importance of having an increased focus on cybersecurity initiatives.
The Garrulous Gavel: Cryptocurrency, Golem Impressions, and Flexitarianism, with Daren Firestone [PODCAST]
Legal Disclaimer You are responsible for reading, understanding and agreeing to the National Law Review's (NLR’s) and the National Law Forum LLC's Terms of Use and Privacy Policy before using the National Law Review website. The National Law Review is a free to use, no-log in database of legal and business articles. The content and links on www.NatLawReview.com are intended for general information purposes only.
SEC Investigating Lack of Insider Trading Policies for NFT/Crypto Exchanges
For quite some time, we have been advising that marketplaces and NFT/crypto issuers consider developing an insider trading policy. The SEC is now investigating this issue. If you do not have a policy this is a good time to do so. The issue of NFT-based insider trading became more well known when a high-profile executive of an NFT marketplace was alleged to have traded NFTs based on non-public information. As we previously addressed, this individual was recently indicted for that activity.
How to Create an Impactful and Authentic Pride Month Social Media Campaign for Your Company
June is Pride Month, which offers companies of all kinds a unique opportunity to celebrate, show support and raise awareness for LGBTQIA+ rights on their social media channels. Businesses of all kinds and sizes can get involved, raise awareness and give back for Pride Month regardless of their budget or reach. While Pride is most definitely a celebration, an impactful Pride campaign should include education, awareness, and center around people.
The Garrulous Gavel: Lawyers for All Humans and the Legal Services Gap, with Susan Francis [PODCAST]
Legal Disclaimer You are responsible for reading, understanding and agreeing to the National Law Review's (NLR’s) and the National Law Forum LLC's Terms of Use and Privacy Policy before using the National Law Review website. The National Law Review is a free to use, no-log in database of legal and business articles. The content and links on www.NatLawReview.com are intended for general information purposes only.
Tip that Led to Opening of Investigation Results in SEC Whistleblower Award
On May 19, the U.S. Securities and Exchange Commission (SEC) issued a whistleblower award to an individual who voluntarily provided the agency with original information that led to a successful enforcement action. Through the SEC Whistleblower Program, qualified whistleblowers are entitled to an award of 10-30% of the sanctions collected by the government in the enforcement action connected to their disclosure. The SEC awarded the whistleblower approximately $16,000.
How To Do A Tutorial Production For The Court
As the seasoned IP professional knows, a technology tutorial is a presentation submitted to the court to educate about the patent(s)-in-suit. The tutorial is the first real opportunity to visually establish a narrative for your case in the eyes of the court and provide the judge with a clear understanding of the technology at hand. A high-quality educational presentation can be invaluable to the court, and producing one should be taken seriously by your trial team.
DOJ Issues Charges in First Criminal Cryptocurrency Sanctions Case
Last Friday, a federal Magistrate Judge in Washington, D.C. wrote an opinion, in a still sealed case, explaining why he approved a DOJ criminal complaint against an American citizen accused of transmitting more than $10 million worth of bitcoin to a virtual currency exchange in a comprehensively sanctioned country. There are five such countries comprehensively sanctioned by the US government Cuba, Iran, North Korea, Syria or Ukraine’s Crimea region.
Criminal Defense Marketing: Tips & Tricks to Grow Your Practice
Criminal law is a complex and ever-changing field. Every case is different, making it difficult to create a one-size-fits-all marketing strategy. However, there are some basic principles that all criminal defense attorneys can follow to grow their practice. In this post, we will discuss some of the most effective ways to market your criminal defense practice. We will also offer some tips on how to stay competitive in this challenging industry.
The End of China Tariffs? USTR Four-Year Review on the Horizon
The US Trade Representative (USTR) has issued a Federal Register notice to initiate the first step of a statutory review process to determine whether China tariffs issued pursuant to Section 301 of the Trade Act of 1974 should be continued beyond the 4-year mark since their implementation. As outlined in this alert, this process includes different comment periods and phases for the USTR to review and decide whether the tariffs should be extended.
Cooking Up Trouble: Record $48.5 Million Settlement in Foodservice Equipment Government Contracting Fraud Case
Improperly obtaining contracts that are meant for service-disabled, veteran-owned businesses—and concealing it—is not a recipe for success in government contracting. The United States Department of Justice settled a case against a foodservice and restaurant equipment supplier. Under the terms of the settlement, the contractor paid $48.5 million, the “largest-ever False Claims Act recovery based on allegations of small business fraud,” of which $21.6 million is restitution.
The Garrulous Gavel: Sports Law and Becoming a Sports Lawyer, with Christopher Deubert [PODCAST]
Legal Disclaimer You are responsible for reading, understanding and agreeing to the National Law Review's (NLR’s) and the National Law Forum LLC's Terms of Use and Privacy Policy before using the National Law Review website. The National Law Review is a free to use, no-log in database of legal and business articles. The content and links on www.NatLawReview.com are intended for general information purposes only.
The Law And Political Economy Project, with Corinne Blalock [PODCAST]
Legal Disclaimer You are responsible for reading, understanding and agreeing to the National Law Review's (NLR’s) and the National Law Forum LLC's Terms of Use and Privacy Policy before using the National Law Review website. The National Law Review is a free to use, no-log in database of legal and business articles. The content and links on www.NatLawReview.com are intended for general information purposes only.
Telecom Alert: Supply Chain Reporting Portal; Tribal Library E-Rate Eligibility; Rosenworcel to Lead Cybersecurity Forum; NTIA Broadband Grant Webinars; RDOF Funding [Vol. XIX, Issue 6]
February 07, 2022 Focus on European Patent Law: Defending Against a “Surprise”... by: Brent E. Matthias Illinois Supreme Court Rules BIPA Claims Are Not Preempted by the... by: David M. Poell and Elizabeth M. Rowe USPTO Launches Deferred Approach to Section 101 Eligibility Analysis... by: Thomas A. Miller Attorneys General to Increase Enforcement Efforts on “Dark Patterns” by: Hunton Andrews Kurth’s Privacy and Cybersecurity The “Outside In-House Counsel” Model – Aligning Patent Counsel with...
Government Secrets and How to Unearth the Truth, with Mark Zaid [PODCAST]
Legal Disclaimer You are responsible for reading, understanding and agreeing to the National Law Review's (NLR’s) and the National Law Forum LLC's Terms of Use and Privacy Policy before using the National Law Review website. The National Law Review is a free to use, no-log in database of legal and business articles. The content and links on www.NatLawReview.com are intended for general information purposes only.
Export Controls And Sanctions As A Tool In U.S.-China Relations, with Timothy O’Toole [PODCAST]
Legal Disclaimer You are responsible for reading, understanding and agreeing to the National Law Review's (NLR’s) and the National Law Forum LLC's Terms of Use and Privacy Policy before using the National Law Review website. The National Law Review is a free to use, no-log in database of legal and business articles. The content and links on www.NatLawReview.com are intended for general information purposes only.
CFTC Updates, Insider Trading Amendments
January 06, 2022 Asked & Answered: GT’s Labor & Employment Podcast Episodes 3... by: Jordan W. Cowman and Shira R. Yoshor The New Telecommunications Telemedia Data Protection Act (TTDSG) by: Dr. Viola Bensinger and Carsten Kociok India’s Draft Data Protection Bill Moves Closer to Passage by: Hunton Andrews Kurth’s Privacy and Cybersecurity Minnesota Cities Reinstate Mask Mandates Due to Rise in COVID-19 Cases by: Gina K. Janeiro and Hadley M.
2022 Outlook on Law Firm Diversity and Inclusion
Monday, January 3, 2022 Law firm diversity and inclusion were hot topics in the legal industry in 2021. Like other industries, the public had law firms under a microscope for their DEI practices. As 2021 wraps up, law firms should consider what the industry learned throughout the year, how DEI can be improved in 2022, and the general outlook for DEI in the legal industry in the new year and beyond.
The Garrulous Gavel: Climate Change and the Law with Sean Donahue [PODCAST]
Legal Disclaimer You are responsible for reading, understanding and agreeing to the National Law Review's (NLR’s) and the National Law Forum LLC's Terms of Use and Privacy Policy before using the National Law Review website. The National Law Review is a free to use, no-log in database of legal and business articles. The content and links on www.NatLawReview.com are intended for general information purposes only.
Government Corruption and How To Fight It
Legal Disclaimer You are responsible for reading, understanding and agreeing to the National Law Review's (NLR’s) and the National Law Forum LLC's Terms of Use and Privacy Policy before using the National Law Review website. The National Law Review is a free to use, no-log in database of legal and business articles. The content and links on www.NatLawReview.com are intended for general information purposes only.
Steps to Avoiding Malpractice for Law Firms
Wednesday, November 3, 2021 Any legal professional that has been in the industry long enough can attest to the fact that malpractice suits can (and will) happen to the best of lawyers, and often for reasons far more benign than one would think. Minor mistakes, missed deadlines, poor communication, and failing to properly screen a new client can all lead to malpractice suits that could cost a practice thousands of dollars in both fines and lost business.
The Importance of Law Practice Management Open APIs
Monday, October 18, 2021 As the legal industry shifts into the digital space, the ability to automate and streamline business processes is necessary to remain efficient and competitive (and profitable!) One of the ways firms can do that is by implementing law practice management software. While it’s important to select one that can meet a firm’s needs and client load, there’s a key component that shouldn’t be overlooked: Open API integrations.
The Garrulous Gavel: Trauma-Aware Lawyering with Margaret Gandy and Rena Paul [PODCAST]
Legal Disclaimer You are responsible for reading, understanding and agreeing to the National Law Review's (NLR’s) and the National Law Forum LLC's Terms of Use and Privacy Policy before using the National Law Review website. The National Law Review is a free to use, no-log in database of legal and business articles. The content and links on www.NatLawReview.com are intended for general information purposes only.
GovCon Fraud Grounded: Whistleblower Receives Reward for Reporting Aviation Equipment Government Contracting Fraud
Legal Disclaimer You are responsible for reading, understanding and agreeing to the National Law Review's (NLR’s) and the National Law Forum LLC's Terms of Use and Privacy Policy before using the National Law Review website. The National Law Review is a free to use, no-log in database of legal and business articles. The content and links on www.NatLawReview.com are intended for general information purposes only.
Crying Wolf: Fraudulent Diagnosis Inflation for Increased Medicare Part C Reimbursements
Legal Disclaimer You are responsible for reading, understanding and agreeing to the National Law Review's (NLR’s) and the National Law Forum LLC's Terms of Use and Privacy Policy before using the National Law Review website. The National Law Review is a free to use, no-log in database of legal and business articles. The content and links on www.NatLawReview.com are intended for general information purposes only.
Taking Advantage of Medicare Advantage: Medicare Part C Fraud
Tuesday, August 17, 2021 August 17, 2021. When going to the doctor, one’s diagnosis should not drastically change after a visit, nor should one expect to see a diagnosis on their health insurance claim for a condition not discussed at the visit. Kaiser Permanente consortium members (“Kaiser”) allegedly encouraged physicians to falsify diagnosis codes for Medicare Advantage Plan patients to garner higher reimbursements.
Accountability for the Capitol Riot with Matt Kaiser [PODCAST]
Legal Disclaimer You are responsible for reading, understanding and agreeing to the National Law Review's (NLR’s) and the National Law Forum LLC's Terms of Use and Privacy Policy before using the National Law Review website. The National Law Review is a free to use, no-log in database of legal and business articles. The content and links on www.NatLawReview.com are intended for general information purposes only.
Tariffs Only Work If Importers Actually Pay; Whistleblower Can Help Clamp Down On Customs Fraud, And Earn Substantial Rewards For Doing So
Friday, June 4, 2021 In this article, I will explain how a whistleblower with information showing that a company importing into the United States is committing customs fraud can use the False Claims Act to report that fraud, and to then claim a financial reward—potentially worth millions of dollars—for doing so.
Chinese Earrings at Center of $400,000 False Claims Act Settlement for Unpaid Customs Duties by Former Jewelry Importer
Legal Disclaimer You are responsible for reading, understanding and agreeing to the National Law Review's (NLR’s) and the National Law Forum LLC's Terms of Use and Privacy Policy before using the National Law Review website. The National Law Review is a free to use, no-log in database of legal and business articles. The content and links on www.NatLawReview.com are intended for general information purposes only.
Federal Judge in Texas Rules That Lying About Eligibility For 8(a) Business Development Program Violates False Claims Act; Whistleblower’s Qui Tam Case Can Move Forward
December 29, 2020 GT's The Performance Review Podcast Episode 6: Just The Facts -... by: Ryan Bykerk and Philip Person Brexit: Payment Regulations on a Temporary Standstill by: Kai Zhang Numerous Areas of Tax Relief for Businesses Provided in the 2021... by: Angelique M. Neal and Eric M. Nemeth EPA Releases Final Chemical Risk Evaluation for NMP by: Government Regulation Stimulus Package: Employment Law Edition by: Sheryl Jaffee Halpern and Camille N.
Mortgage Company Agrees to Pay $24.9 Million to Settle Fraud Allegations
Legal Disclaimer You are responsible for reading, understanding and agreeing to the National Law Review's (NLR’s) and the National Law Forum LLC's Terms of Use and Privacy Policy before using the National Law Review website. The National Law Review is a free to use, no-log in database of legal and business articles. The content and links on www.NatLawReview.com are intended for general information purposes only.
Court of Appeals Issues Important Decision on Application of the False Claims Act to Set-Aside Contracts
Monday, December 7, 2020 On December 3, 2020, the United States Court of Appeals for the Second Circuit issued its decision in United States v. Strock (Strock), a ruling that will significantly strengthen the hand of the government, and of qui tam whistleblowers, in False Claims Act cases against companies awarded government set-aside contracts but do not meet the requirements of the particular set-aside.
Two Large U.S. Government Contractors Reach a $57.75 Million Settlement to Resolve Fraudulent Time Charging Claims
Legal Disclaimer You are responsible for reading, understanding and agreeing to the National Law Review's (NLR’s) and the National Law Forum LLC's Terms of Use and Privacy Policy before using the National Law Review website. The National Law Review is a free to use, no-log in database of legal and business articles. The content and links on www.NatLawReview.com are intended for general information purposes only.
Blowing the Whistle On Healthcare Industry Kickback Schemes Often Results In Huge Awards To Whistleblowers. Here’s Why.
July 21, 2020 Maine Internet Privacy Law Survives Challenge by: Elfin L. Noce Illinois, Chicago, Cook County Issue New COVID-19 Guidance,... by: Jody Kahn Mason and Anderson C. Franklin Protecting Trade Secrets in the COVID-19 Era [VIDEO] by: Adam P. Samansky OCC Proposal Would Bring Certainty to the Identity of the “True... by: James M. Kane and James W. Morrissey FTC and DOJ Issue Final Vertical Merger Guidelines by: Gregory E. Neppl and Alan D.
Healthcare Rehabilitation Provider Pays $4 Million to Settle False Claims Act Allegations
You are responsible for reading, understanding and agreeing to the National Law Review's (NLR’s) and the National Law Forum LLC's Terms of Use and Privacy Policy before using the National Law Review website. The National Law Review is a free to use, no-log in database of legal and business articles. The content and links on www.NatLawReview.com are intended for general information purposes only.
Medical Equipment Manufacturer Pays $37.5 Million for Alleged Kickback Payments to its Suppliers
You are responsible for reading, understanding and agreeing to the National Law Review's (NLR’s) and the National Law Forum LLC's Terms of Use and Privacy Policy before using the National Law Review website. The National Law Review is a free to use, no-log in database of legal and business articles. The content and links on www.NatLawReview.com are intended for general information purposes only.
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