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In the Courts
Fourth Circuit Confirms Prosecutorial Latitude in Proving Fraud Schemes
In a recent decision, the U.S. Court of Appeals for the Fourth Circuit confirmed the wide discretion federal prosecutors have to introduce evidence of a criminal defendant's scheme to defraud. United States v. Bajoghli, No. 14'4798, 2015 BL 136412 (4th Cir. May 11, 2015).
In United States v. Bajoghli, Dr. Amir Bajoghli, a Board-certified dermatologist with offices in Washington, DC, and Virginia, was indicted under 18 U.S.C. ' 1347 for executing a “scheme or artifice to defraud” public and private health-care entities. Specifically, the 53-count indictment against Bajoghli alleged three fraud schemes: First, that he routinely provided fake skin cancer diagnoses to patients, performed medically unnecessary procedures to treat the non-existent cancers, and then billed for the procedures. Second, that Bajoghli billed procedures performed by unlicensed medical assistants as if he had performed them, resulting in a higher reimbursement rate. Third, that he was reimbursed for pathology slide analyses at a rate of $100-$130 per slide, despite paying an outside contractor $15 per slide to conduct the analyses.
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Major Differences In UK, U.S. Copyright Laws
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
The Article 8 Opt In
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
Legal Possession: What Does It Mean?
Possession of real property is a matter of physical fact. Having the right or legal entitlement to possession is not "possession," possession is "the fact of having or holding property in one's power." That power means having physical dominion and control over the property.
Removing Restrictive Covenants In New York
In Rockwell v. Despart, the New York Supreme Court, Third Department, recently revisited a recurring question: When may a landowner seek judicial removal of a covenant restricting use of her land?