Flipping Over the False Claims Act
It is not surprising that False Claim Act (FCA) and white-collar fraud headlines continue to be dominated by healthcare and COVID-19 relief fraud allegations. These undoubtedly remain areas of [...]
The False Claims Act & Procurement Fraud: It’s Not Just for Healthcare
As I’ve noted before, healthcare is by far the industry most targeted by the Department of Justice (DOJ) and whistleblower lawyers. But this does not mean that other industries are safe; any [...]
Controlling the Crisis Message: Build Trust Early and Often
There comes a time in the life of many businesses where there’s an internal crisis, and even worse, it becomes public. The CEO resigns in scandal, a major decision angers a certain community, or [...]
Can Politeness to the Press Help in a Crisis?
While you may have had your fill of election news and politics, it’s worth taking an objective view of recent White House press conferences as a lesson in relationships with reporters. Putting [...]
Another One: DOJ Obtains Major Settlement with EHR Developer
If you follow this blog regularly, you are familiar with me preaching about electronic health records (EHR) systems and EHR-related fraud being a priority of the Department of Justice (DOJ). In [...]
Key Takeaways from DOJ’s Annual FCA Recoveries Press Release: FY 2020 Edition
Ladies and gentlemen, boys and girls, come gather around ye olde water cooler (virtually, you know, because COVID), it’s that time of year. It is time for the Department of Justice’s (DOJ) annual [...]
How Well are Sellers Protected from Post-Closing Claims? The Answer May Depend on a Single Magic Word: “Completeness”
The formula for a well-written M&A agreement is quite simple: (i) a buyer bargains for certain representations and warranties (“reps and warranties”) about the target company and its business [...]
Telehealth and Genetic Testing: The Nashville Experience
In my first SRVH blog, I wrote about federal charges brought in the Middle District of Tennessee against Dr. James L Crabb relating to an alleged telehealth scheme. Back in July, I wrote a blog [...]
Four Types of Risk Addressed by MAE Clauses, and Where COVID-19 Fits—Lessons from the Delaware Court of Chancery
Back in March, Ryan Holt discussed how COVID-19 was impacting contractual force majeure clauses and certain statutory defenses involving contractual obligations that are impossible to perform. [...]
HHS-OIG Issues First Special Fraud Alert in Six Years: A Warning for Healthcare Providers Participating in Sponsored Speaker Programs
On November 16, 2020, the Department of Health and Human Services Office of Inspector General (HHS-OIG) issued its first Special Fraud Alert (SFA) in over six years. The SFA addresses speaker [...]
