Cases in Court
April 01, 2003
Guilty pleas have been entered for the first time under new Sarbanes-Oxley Provisions. On April 5, 2003, <i>The New York Times</i> reported that Richard Scrushy, former Chief Executive Officer for HealthSouth Corporation, the largest provider of diagnostic imaging, outpatient surgery, and rehabilitation services with locations in 50 states and abroad, has been targeted by regulators for allegedly helping to overstate the company's earnings by more than $2 billion during the past 6 years.
The <i>Chandler</i> Decision: What It Means
April 01, 2003
In March, the United States Supreme Court issued a decision in a False Claims Act case that has been closely watched by public and private entities alike. <i>See Cook County v. United States ex rel.</i> Chandler, 123 S. Ct. 1239 (2003). This article is intended to put that decision in perspective, to help readers understand what Chandler actually holds, and to reflect upon the future of False Claims Act litigation in the wake of Chandler and other recent Supreme Court decisions on punitive damages.
ASC Joint Venture Causes Concern for the OIG
April 01, 2003
The Office of the Inspector General, in OIG Advisory Opinion Number 03-5, recently ruled whether an ambulatory surgery center (ASC) could be jointly owned by a hospital and a multi-specialty group practice that had a substantial number of physician members who would not personally use the ASC (the "Proposed Arrangement"). More specifically, the OIG was asked to provide an opinion about whether or not the Proposed Arrangement would constitute a violation of the anti-kickback statute.
In The Spotlight
April 01, 2003
On March 28, 2003, Tommy G. Thompson, Secretary of the United States Department of Health and Human Services (HHS), announced the publication of a proposed draft guidance to protect human-research subjects from the risks of harm possibly arising from researchers' financial conflicts of interests.
Know Your Billing Software!
April 01, 2003
Attorneys in larger firms don't have to worry if the bills get out the door each month, if suppliers are paid on time, or if the general ledger is balanced. The administrator and "back office" staff take care of this.
Finding Fault
April 01, 2003
One of the most difficult aspects of family law practice is dealing with a client who believes he or she has been wronged by the other spouse — and expects the legal system to respond in a punitive manner.
Separating and Reconciling: What Happens Next?
April 01, 2003
As matrimonial practitioners, the following scenario has confronted many of us: The parties enter into a separation agreement, duly executed and acknowledged, but do not proceed immediately to a divorce. After a futile attempt at reconciliation — during which the parties may have resumed a sexual relationship — an action is brought for a conversion divorce.
