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Articles by Zavareei LLP
Whistleblowers Share $8 Million False Claims Act Settlement
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Construction Contractor Pays $1 Million to Settle Fraud Allegations Relating to a Federal Program Designed to Help Disadvantaged Businesses
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New York Compounding Pharmacy Settles Fraudulent Billing and Kickback Allegations in Whistleblower Lawsuit
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.
Colorado Neurosurgeon Pays Hefty Settlement Over Kickback 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.
Former Nurse Practitioner Blows Whistle on Alleged Fraud by Family Physician
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.
Alleged Non-disclosure of Foreign Grants at the Center of $5.5 Million False Claims Act Settlement
Thursday, February 13, 2020 Van Andel Research Institute (VARI) located in Grand Rapids, MI, recently paid $5.5 million to the Department of Justice to settle allegations that VARI violated the False Claims Act by failing to disclose receiving Chinese government grants to obtain and maintain federal grants from the National Institutes of Health (NIH). Obtaining federal research funding is highly competitive.
Cryptocurrency is At The Center of Multi-Million Dollar Investment Security and Commodities Fraud
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.
Genetic Testing Company Pays U.S. Government $41.6 Million after False Claims Kickback Allegations
Monday, October 28, 2019 A Louisiana genetic testing company has agreed to pay the United States 41.6 Million dollars according to a recent press release from the Department of Justice. A government investigation alleged that UTC Laboratories Inc. (RenRX) committed Medicare fraud by paying kickbacks for laboratory referrals and types of pharmacogenetic testing that were not medically necessary.
Three Medical Professionals Blow Whistle on Nation’s Largest Operator of Inpatient Rehabilitation Facilities
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.
Medicaid Billing Upcharges Prompts Oklahoma Nurse to Blow the Whistle on Hospital
June 14, 2019 Medicaid Billing Upcharges Prompts Oklahoma Nurse to Blow the Whistle... by: Tycko & Zavareei Whistleblower Practice Group Top 10 Estate Planning Mistakes & How to Avoid Making Them by: Virginia S. Carter and Eldridge D. Dodson SECURE Act Provisions by: Matthew B. Grunert and Jackie Coleman Keeping an Eye on Artificial Intelligence Regulation and Legislation by: Jennifer Betts Massachusetts Paid Family and Medical Leave Deadlines Extended by: Mark W. Batten and Samantha L.
The Sale of Unapproved Medical Devices at Center of $3.3M U.S. False Claims Act Settlement
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.
Whistleblower Physician Exposes Medicare Fraud in Two Pain Management Clinics; Feds Settle for $3.3M
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.
Feds Find Largest Healthcare Fraud, Charge 24 Executives Responsible For Over $1.2B in Losses
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.
Duke University Agrees to Pay $112.5 Million to Settle False Claims Act Violations
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.
Health Care Provider Agrees to Pay $775,000 to Settle Kickback Claims
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.
Pharmaceutical Company Agrees to Pay $360 Million to Settle False Claims Act Violations
Friday, December 14, 2018 In a recently announced settlement, Actelion Pharmaceuticals US, Inc. has agreed to pay $360 million to resolve allegations that the pharmaceutical company illegally made payments in 2014 and 2015 to a fund set up by Caring Voice Coalition that was meant to assist Medicare patients taking its pulmonary arterial hypertension drugs.
Early Autism Project, Inc. Pays the United States $8.8 Million to Settle Allegations of Medicaid Fraud
The Department of Justice recently announced that Early Autism Project Inc., South Carolina’s largest provider of children’s autism behavioral therapy, has agreed to pay the United States $8.8 million to settle a False Claims Act whistleblower lawsuit. The government alleges that the company submitted false claims to a military insurance program, TRICARE, and the South Carolina Medicaid programs for therapy. The settlement resolves the allegations that Early Autism Project Inc.
3M Company Agrees To Pay $9.1 Million to Settle Qui Tam Lawsuit Alleging That It Supplied the U.S. Military With Defective Combat Earplugs
In a recently announced settlement, Minnesota-based 3M Company is resolving allegation that it knowingly sold the U.S. military defective earplugs to the tune of $9.1 million. 3M Company allegedly sold the dual-ended Combat Arms Earplugs, Version 2 (CAEv2) without disclosing the defects that hampered the effectiveness of the hearing protection device. The original lawsuit was brought under qui tam, or whistleblower, provisions under the False Claims Act.
AngioDynamics, Inc. Settles Qui Tam Lawsuit Alleging That It Lied About The Safety And Effectiveness Of LC Bead; Agrees To Pay $11.5 Million
AngioDynamics, Inc. has agreed to pay the Federal government and various states $11.5 million to settle a False Claims Act whistleblower lawsuit alleging that the medical device company based in Latham, New York allegedly sold its device, Gelspheres, as a drug eluting device when the FDA had cleared it only for embolization (blood blockage) of hypervascular tumors.
Medicare Whistleblowers to Receive $2 Million in False Claims Act Case Against Skilled Nursing Facility Operators
On July 18, 2018, the Department of Justice announced that it had reached a ten-million-dollar settlement agreement with Southern SNF Management, Inc., Rehab Services in Motion d/b/a Dynamic Rehab, and nine affiliated skilled nursing facilities to resolve allegations of Medicare fraud. According to Acting Assistant Attorney General Chad A.
Tax Reform – Consolidated Appropriations Act Provides Added Bonus for LIHTC Projects
On March 23, the President signed the (H.R. 1625), a $1.3 trillion dollar spending bill that funds the federal government through September 30, 2018.
China’s Vision for The Next Generation of Artificial Intelligence
Artificial intelligence promises to be a paradigm shift for many applications from manufacturing to finance, and from defense to education. Given the vast potential, focus on AI has sharpened around the world, including in China. Decision makers in Beijing and around the country are paying attention and have begun shaping a legal and policy regime that favors the development of AI.
The Important Distinction In Patent Examination Practice Between Precedential and Non-Precedential Federal Circuit Decisions On Subject Matter Eligibility
When examining subject matter eligibility of a patent application under 35 U.S.C. §101, the United States Patent and Trademark Office (USPTO) relies on a two part test established by the Supreme Court of the United States (See Alice Corp. Pty. Ltd. v. CLS Bank Int’l, 134 S. Ct. 2347 (2014)). The first part of the test requires a determination of whether the claims of a patent application are directed to a law of nature, a natural phenomena, or an abstract idea (See Alice Corp. Pty. Ltd , 134 S.
Singapore Fines a UK Bank and the US Imposes a Consent Order on a Chinese Bank: A Tale of Two Enforcement Actions
Less than a week apart, two major financial institutions (“FIs”) have been hit with penalties for failing to implement adequate anti-money laundering (“AML”) protections. But the penalties imposed by the involved regulators are different. In this post, we report on the enforcement actions recently lodged against Standard Chartered PLC and the Industrial & Commercial Bank of China Ltd. by the Monetary Authority of Singapore and the United States Federal Reserve, respectively.
Ex parte Bhogal and Ex parte Hoff: PTAB raises burden on USPTO to justify 101 rejections
Patent applicants finding themselves in art unit 3600 are finding glimmers of hope at the PTAB. In two recent decisions, the PTAB reversed the Examiners’ Alice patent eligibility rejections. In both cases, the PTAB panel cited BASCOM[1] and found the claims at issue to amount to significantly more than an abstract idea when the claims were considered as a whole. In Ex parte Bhogal,[2] the claims at issue were directed to rendering objects in order based on bid values.
English Court of Appeal Rules on “Experience of Insurance and Reinsurance” Arbitrator Qualifications Includes Legal Experience
In Allianz Insurance PLC (formerly Cornhill Insurance PLC) v. Tonicastar Ltd, [2018] EWCA Civ 434, the Court of Appeal held that the arbitral qualification of experience of insurance and reinsurance means experience as a lawyer working for the industry and does not mean only those who have worked for the industry qualify.
Japanese Toyobo Pays $66 Million to Settle False Claims Act Allegations Over Selling Defective Fiber to Government for Use in Bullet Proof Vests
The Department of Justice recently announced the settlement of a qui tam lawsuit against Toyobo, the sole manufacturer of Zylon fiber used in bulletproof vests, in relation to their violation of the False Claims Act (FCA). According to the allegations of the case, between 2001 and 2005, Toyobo actively marketed and sold defective Zylon fiber for bullet proof vests, knowing that Zylon degraded quickly in normal heat and humidity, which makes the material unfit for use in bullet proof vests.
South Dakota Enacts Data Breach Notification Law
South Dakota has become the 49th State to enact a data breach notification law. South Dakota Governor Dennis Daugaard signed SB 62 into law on March 21, 2018. The law will take effect on July 1, 2018. As with similar measures pending in other state legislatures, SB 62 was introduced in the South Dakota Senate on January 9, 2018, in the wake of the disclosures relating to the Equifax breaches. The law generally mirrors those of many other states, but includes a few new wrinkles.
IRS Reduces 2018 Health Savings Account Limit for Family Coverage
On March 5, 2018, the IRS released Revenue Procedure 2018-18, which, among other things, adjusts downward the 2018 total contribution limit to health savings accounts (HSAs) for individuals enrolled in family coverage. In late 2017, the IRS announced that the 2018 HSA limit for individuals enrolled in family coverage would be $6,900.
GAO Report: FDA Can Do More to Achieve Food Safety & Nutrition Goals
Keller and Heckman offers global food and drug services to its clients. Our comprehensive and extensive food and drug practice is one of the largest in the world. We promote, protect, and defend products made by the spectrum of industries regulated by the U.S. Food and Drug Administration (FDA), the European Commission and Member States authorities in the European Union (EU) and similar authorities throughout the world.
Brattleboro Memorial Hospital Pays $1.65 Million to Settle Alleging False or Fraudulent Billing of Medicare and Medicaid in Violation of the False Claims Act
The Department of Justice (“DOJ”) recently settled a False Claims Act (“FCA”) lawsuit with Brattleboro Memorial Hospital (“BMH”). Pursuant to the settlement, BMH agreed to pay $1.65 Million to the United States and the State of Vermont to resolve allegations that the company violated the False Claims Act through submitting false or fraudulent claims to Government Healthcare Programs, including Medicare and Medicaid.
EPA Announces Long-Anticipated Fee Rule
On February 8, 2018, the U.S. Environmental Protection Agency (EPA) issued the prepublication version of its long-anticipated fees rule under amended Toxic Substances Control Act (TSCA) Section 26(b) entitled User Fees for the Administration of the Toxic Substances Control Act.
OSHA 300 Forms Must be Published
Employers covered by OSHA’s recordkeeping rule are required to prepare and post the OSHA Form 300A, “Summary of Work-Related Injuries and Illnesses,” beginning February 1 and keep the form posted until April 30. The form must be posted at each establishment covered, in a conspicuous place where notices to employees are customarily posted.
Choosing Your Court in CWA Cases
The environmental world has waited with baited breath for jurisdictional certainty in defining regulated waters under the federal Clean Water Act (CWA). While we wait, two interesting CWA procedural decisions may play into how the substantive issue gets to the U.S. Supreme Court. These decisions combine to teach three lessons. The first and second lessons originate in the Supreme Court’s decision in National Association of Manufacturers v. Department of Defense.
TCJA 501(c) Need to Know
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.
Maine Department of Labor Provides No Guidance Concerning the Impact of the State’s Recreational Marijuana Law on Workplace Drug Testing
Effective February 1, 2018, a provision in Maine’s recreational marijuana law impacts workplace drug testing. As we previously blogged here, the law prohibits employers from taking adverse employment actions for off-premises marijuana use, as of February 1, 2018. On its face, this law effectively prevents Maine employers from testing for marijuana for pre-employment purposes, and has other impacts as well.
FCA Settlement Ameriplus $5.5 Million
On Tuesday, January 30, 2018, United States Attorney for the Middle District of Florida Maria Chapa Lopez announced the settlement of a false claims act case against AmeriCare Ambulance Service, Inc. and its sister company, AmeriCare ALS, Inc. (collectively, AmeriCare).
Entrepreneur Parole Is it working
The U.S. Citizenship and Immigration Services (USCIS) recently started accepting applications for parole under the International Entrepreneur Rule (IER). This grant of parole is commonly referred to as “entrepreneur parole.” The IER has a long and complicated history.
Discharge of Employee Who Protested Illegal Policy By Himself Ran Afoul of NLRA, Federal Appeals Court Rules
An employee who was discharged after protesting an admittedly illegal policy was entitled to reinstatement and back pay despite having acted on his own, the federal appeals court in New York has ruled, enforcing a National Labor Relations Board order. National Labor Relations Board v. Long Island Ass’n for AIDS Care, Inc., No. 16-2325 (2d Cir. Aug. 31, 2017).
Toys “R” Us Files For Chapter 11 Bankruptcy Protection
Wayne, NJ-based Toys “R” Us filed a voluntary petition for Chapter 11 bankruptcy protection in the Eastern District of Virginia (Richmond) on Monday (Case no. 17-34665). Toys “R” Us operates more than 1,600 locations for both Toy “R” Us and Babies “R” Us and employs approximately 64,000 people. The chain is seeking borrow money in order to pay suppliers by restructuring $5 billion in long-term debt. The company noted that the approaching holiday shopping season accounts for 40% of its net sales.
USCIS Allows Premium Processing of Cap-Subject H-1B Petitions
US Citizenship and Immigration Services (USCIS) announced on September 18, 2017 that it will once again allow premium processing of all H-1B petitions subject to the Fiscal Year (FY) 2018 cap. The annual cap or limitation on the approval of new H-1B petitions is set at 65,000, with an additional set-aside of 20,000 for petitions for beneficiaries that have a US master’s or higher degree.
U.S. State Department Contractor to Resolve Allegations of Improper Vetting with $5 Million Settlement
On September 14, 2017, Pacific Architects & Engineers Incorporated (PAE) settled a whistleblower lawsuit alleging the company did not follow proper vetting procedures for its personnel that performed and billed work to the U.S. State Department. The $5 million settlement resolves allegations without any determination of liability of contract violations. PAE is a company originally incorporated in California in 1955.
Tycko & Zavareei LLP Files Class Action Against Wells Fargo For Fraudulently Charging Overdraft Fees On Lyft, Uber And Other One-time Debit Card Transactions
The complaint alleges that Wells Fargo promises its customers who did not opt into the Debit Card Overdraft Service that it will not charge them overdraft fees for non-recurring, every day transactions, like transactions with Uber and Lyft. However, Wells Fargo does charge such fees on certain one-time debit card transactions like these that it knows or should know are not recurring.
Minamata Convention to Take Effect in August, Restricting Production and Usage of Mercury Worldwide
On May 17, the European Union and seven EU member states ratified the Minamata Convention on Mercury, pushing past the 50-state threshold needed for its entry into force. The treaty – the most recent of the global multilateral environmental agreements – will now enter into force (i.e., become legally binding) on August 16, 2017.
What Do You Expect Your Insurance Broker to Be: Intermediary or Fiduciary?
As many companies are reaching their insurance policy renewal date, your company might have questions about the role of your insurance broker. Your company should expect its insurance broker to be a valued intermediary between your company and its insurer, who helps get claims paid.
Your Mid-Year Estate Planning Checklist: 10 Things You Should be Doing Now
Here is a helpful checklist of the top ten ways to keep your estate plan current. Review your existing Will and any trust agreements. Over the course of a year our personal and our professional lives can change dramatically. Tax laws and regulations are also subject to change as new political administrations come into office. It is therefore important to periodically make sure that your documents will work the way you want them to. Some questions to ask: Is your plan tax efficient?
$32.5 Million Settlement for Whistleblower Lawsuit Alleging Medicare Advantage Fraud
In a long-running qui tam case brought under the Federal False Claims Act, the government has announced a settlement of allegations originally made by late whistleblower, Dr. Darren D. Sewell, M.D., of Medicare fraud against several health care insurers and providers, who will pay $32.5 million under the settlement.
Iraq War Contractor Pays $95 Million to Settle Allegations by False Claims Act Whistleblower
Agility Public Warehousing Co. KSC, a Kuwaiti defense contractor, has agreed to pay $95 million to settle a False Claims Act lawsuit related to allegations that it overcharged the U.S. government on billions of dollars in Iraq War food supply contracts.
Dentist’s Remarks To Pregnant Employee Propel Her Case Forward
In Sims v. America’s Family Dental, LLP, Defendant’s motion to dismiss Plaintiff’s claims under Title VII and the Pregnancy Discrimination Act was denied by a federal district court. Plaintiff, a registered dental assistant, alleged that she was demoted and subsequently terminated due to her pregnancy.
More On Revlon Duties In California
Following yesterday’s post concerning the status of Revlon duties in California, I received a note from Suzanne Weakley, an attorney at the California Continuing Education of the BAR (aka the CEB). For those readers not familiar with the CEB, it is a self-supporting program of the University of California that is cosponsored by the State Bar of California. Focused on California law, the CEB publishes a wide variety of books, periodicals and other educational materials for lawyers.
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