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Health Care Reform, or 'Qui Tams Made Easy'
While the insurance provisions of the new health care reform law (the Patient Protection and Affordable Care Act or PPACA) have received much media attention, the media have barely noticed another PPACA feature that could have a profound impact on the pharmaceutical, medical-device and health care industries ' its revisions to the False Claims Act (FCA), 31 U.S.C. ” 3729 et seq. The PPACA makes it significantly easier for whistleblowers to bring suits under the FCA, a statute that already entices whistleblower plaintiffs with potential millions in treble damages. An uptick in whistleblower suits will likely bring increased health care enforcement by the Department of Justice (DOJ), since whistleblower suits generated almost ten times as many new matters opened by the DOJ as department-initiated investigations during the period 2002-2009.
Narrowing What Is a 'Public Disclosure'
The “public disclosure bar” of the old FCA allowed defendants like hospitals, medical-device companies, pharmaceutical companies and doctors to obtain dismissal of a qui tam suit when the facts alleged had already been publicly disclosed. This bar reflected Congress's attempt to strike a balance between encouraging whistleblowers to come forward and preventing opportunistic plaintiffs from piggybacking on facts already in the public domain. The PPACA noticeably shifts that balance.
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Yachts, Jets, Horses & Hooch: Specialized Commercial Leasing Models
Defining commercial real estate asset class is essentially a property explaining how it identifies — not necessarily what its original intention was or what others think it ought to be. This article discusses, from a general issue-spot and contextual analysis perspective, how lawyers ought to think about specialized leasing formats and the regulatory backdrops that may inform what the documentation needs to contain for compliance purposes.
Hyperlinked Documents: The Latest e-Discovery Challenge
As courts and discovery experts debate whether hyperlinked content should be treated the same as traditional attachments, legal practitioners are grappling with the technical and legal complexities of collecting, analyzing and reviewing these documents in real-world cases.
Identifying Your Practice's Differentiator
How to Convey Your Merits In a Way That Earns Trust, Clients and Distinctions Just as no two individuals have the exact same face, no two lawyers practice in their respective fields or serve clients in the exact same way. Think of this as a "Unique Value Proposition." Internal consideration about what you uniquely bring to your clients, colleagues, firm and industry can provide untold benefits for your law practice.
Risks and Ad Fraud Protection In Digital Advertising
The ever-evolving digital marketing landscape, coupled with the industry-wide adoption of programmatic advertising, poses a significant threat to the effectiveness and integrity of digital advertising campaigns. This article explores various risks to digital advertising from pixel stuffing and ad stacking to domain spoofing and bots. It will also explore what should be done to ensure ad fraud protection and improve effectiveness.
Turning Business Development Plans Into Reality
This article offers practical insights and best practices to navigate the path from roadmap to rainmaking, ensuring your business development efforts are not just sporadic bursts of activity, but an integrated part of your daily success.