Author Archives: Jay Butchko
Potential Whistleblowers Take Note of Employer Monitoring
If you’re working in an environment where you’ve suddenly become aware of illegal or unethical behavior, especially that which might qualify under a whistleblower case, you need to stop and think for a minute. It’s critical to consider all your future actions once you’ve uncovered something worth reporting, before you report anything. In many… Read More »
Stark Law and Qui Tam Cases
Stark Law violations are a source of referrals for whistleblower claims, or qui tam lawsuits under the False Claims Act (FCA). Stark law refers to Section 1877 of the Social Security Act, 42 U.S.C. 1395nn, which deals with physician self-referrals. Stark Law Defined Under the Social Security Act provisions, Stark Law: Prohibits a physician… Read More »
Methods Creditors Use to Try and Collect Personal Debts from Multiple Member LLCs
Like many other states, Florida doesn’t necessarily allow creditors to take the money or property of a multi-member LLC to pay off personal debts or liabilities incurred by one of the LLC’s owners. However, there is one method creditors may try to use in order to collect against the LLC for the individual’s debts…. Read More »
Justice Department Recovers over $3.7 Billion in False Claims Act Cases in the 2017 Fiscal Year
The United States Department of Justice recently released statistics from the 2017 fiscal year, which includes more than $3.7 billion in settlements and judgments from civil cases involving fraud and false claims. Total recoveries since the False Claims Act (FCA) was strengthened in 1986 now top more than $56 billion. Types of Recoveries Of… Read More »
Qui Tam Litigation: What is the False Claims Act?
We talk about qui tam, or whistleblower litigation, but what is the False Claims Act (FCA) that brings rise to this type of litigation. Qui Tam Defined The word qui tam is Latin and translates to “who as well”, and references lawsuits that are brought on behalf of the plaintiff and the government. These… Read More »
Does an LLC Need an Operating Agreement in Florida?
Only a handful of states statutorily require that new LLC’s create an operating agreement. Even if there is no legal requirement to do so in Florida, however, an LLC should have one. When things are going well within an LLC, members often don’t see the necessity for an operating agreement, but when disagreements arise, having one… Read More »
Member Versus Manager Managed LLCs in Florida
When setting up a limited liability company (LLC) in Florida, you need to decide how the business will be managed. An LLC functions similar to a corporation, but the management structure is different. You can choose to either have it managed by one or more members, or by a manager. Why Do You Need… Read More »
Blue Sky Laws and Financial Securities Fraud
The term “Blue Sky Laws” are state regulations that are designed to protect potential investors against securities fraud. They require sellers of new issues to register the offerings, along with providing applicable financial data, unless there is some sort of exemption. This helps give investors more peace of mind when it comes to investing… Read More »
What is the Statute of Frauds and How Does It Affect a Contract?
In essence, the Statute of Frauds refers to the requirement that some types of contracts need to be in writing and signed by the parties in order to be valid, otherwise they are not enforceable. It’s important to reach out to a knowledgeable Florida business litigation attorney if you feel you’re dealing with a… Read More »
Potential Pros and Cons of an LLC
You’re considering forming an LLC for your business, but now what? It’s important to hire a Florida business litigation attorney to walk you through the steps and determine if an LLC is actually the right structure for your business. Here’s a look at some potential pros and cons to forming an LLC. Pros of… Read More »