Author Archives: Jay Butchko
What Are The Consequences And Standard For Spoliation Of Evidence?
If you are anticipating litigation, or are already involved in pending litigation, you should strongly consider changing the settings of your electronic devices to avoid accusations of spoliation later on in the litigation. The term “spoliation” refers to the destruction or significant alteration of evidence, including the failure to preserve evidence. To ensure that… Read More »
HEALTHCARE WITH A SIDE OF HAIRCARE: IMPROPER INCENTIVES TO MEDICARE PATIENTS
Offering free gifts with purchase is not a new marketing concept. Many businesses use it as an effective tool for customer retention and soliciting new customers. When the customers are paying with government funds, however, free gifts can be a big no-no. Especially when the free gifts offered to Medicare beneficiaries have no relation… Read More »
The Supreme Court Overhauls Florida’s Summary Judgment Rule: What Are the Top Ten Most Significant Changes in the New Rule?
Effective May 1, 2021, the Florida Supreme Court adopted substantial revisions to the rule governing motions for summary judgment.[1] While the rule number (i.e., 1.510) remains the same, Florida’s high court otherwise overhauled the rule in its entirety, including adopting the federal standard for summary judgment that has applied in federal court for 35… Read More »
Florida Employer Non-Solicitation & Non-Disclosure Agreements
During the COVID-19 pandemic, many people found themselves in a situation where they either were let go from their job or they decided to leave their job. As a result, some of these people faced a predicament where they were subject to a non-compete, non-solicitation, or non-disclosure agreement that they signed while still employed…. Read More »
Tax Fraud Costs the Government up to $1 Trillion Per Year
On April 9, 2021, the Commissioner of the Internal Revenue Service, Charles Rettig, testified before the Senate Finance Committee regarding the so-called “tax gap,” which represents the shortfall between the amount of taxes that should be paid each year versus the amount actually collected. Rettig estimated the current the tax gap could be as… Read More »
Medicare Advantage Audit Shows $197 Million in Over-Payments
In April 2021, the Department of Health and Human Services, Office of Inspector General (HHS-OIG) released a report regarding a Medicare Advantage Compliance Audit of one of the country’s major Medicare Advantage Organizations, Humana, Inc. The audit covered only one year, 2015, and one particular contract. The audit selected a random sampling of 200… Read More »
No, Companies Cannot Prevent You from Reporting Securities Fraud to the Government
We previously wrote about common types of securities fraud and how to report that fraud. Oftentimes, companies try to prevent employees or others from reporting any securities law violations. A company that makes such attempts, however, is committing a further securities violation. Rule 21F-17 Under the U.S. Securities and Exchange Commission’s (“SEC”) Rules and… Read More »
Blowing the Whistle on Money Laundering
South Florida is the money laundering capital of the world. Each year, crooked banks, bankers and criminal enterprises move millions of dollars of illicit funds through South Florida banks. In the process, they convert unusable criminal proceeds into seemingly “clean” laundered cash. As whistleblower lawyers, we have received numerous calls over the years from… Read More »
An Update on Pandemic-Related Contract Litigation
Earlier this year, we wrote about “acts of God” and force majeure clauses. At the time, we anticipated that the Covid-19 pandemic and resulting shutdown orders would lead to significant litigation regarding these terms. While the pandemic is now in its eighth month, courts have begun rendering opinions on whether the pandemic will excuse… Read More »
Looking to Serve or Volunteer in Election 2020? Here Are 4 Ways to Help
Become a Poll Worker (nonpartisan, paid position). Poll workers are responsible for ensuring that all polling locations are administered consistent with Florida election laws and the county Supervisor of Elections’ policies and procedures. While the titles and duties for poll workers vary by county, the most typical positions are clerk, assistant clerk, inspector and… Read More »