Author Archives: Site Administrator
What Should You Not Do as a Whistleblower? Tell the Defendant
One thing we cannot stress enough as attorneys for relators in False Claims Act cases is to respect the seal. As you may know from reading this blog, the False Claims Act requires that any case filed by a qui tam whistleblower has to remain under seal for at least 60 days to give… Read More »
When Must an Out-of-State LLC Register to Do Business in Florida?
Under the Florida Revised LLC Act, a foreign limited liability company may not “transact business” in Florida until it gets a “certificate of authority” from the Secretary of State. But what does that mean? If an LLC buys office equipment from a vendor in Florida without a certificate of authority, does it run afoul… Read More »
Are Forum Selection Clauses in a Contract Enforceable?
Yes, but only when they are mandatory forum selection clauses. Parties to a contract have the right to select and agree on a particular venue to have their disputes determined. The key distinction, however, is whether the forum selection clause is mandatory or permissive. Only a mandatory clause is enforceable such that a court… Read More »
How do I blow the whistle on tax fraud?
Every year, people and companies in the United States cheat on their taxes. The IRS has a special term for the amount of taxes that go unpaid each year. It’s called the “Tax Gap,” which means the amount of true tax liability faced by taxpayers that is not paid on time. The IRS estimates… Read More »
What is the Process for a Court to Appoint a Receiver for an LLC?
In any action where a party has asserted a claim to dissolve an LLC, the court has the authority to appoint a receiver to wind up or liquidate the LLC. In order to appoint a receiver, the court must first hold a hearing after providing notice to all parties and interested persons designated by… Read More »
When Will a Member or Shareholder Be Liable for Company Debts?
We have previously posted about a member’s exposure for the debts of an LLC. We thought it also would be useful to discuss additional situations when a member or a shareholder will be liable for the LLC’s or corporation’s obligations. Florida courts, like many other U.S. jurisdictions, recognize a doctrine often called “piercing the corporate… Read More »
Billing for Medically Unnecessary Services
In the world of False Claims Act qui tam cases, the concept of medical necessity is a very big issue. This is because Medicare requires, as a condition of coverage, that services delivered to a patient be “reasonable and necessary for the diagnosis or treatment of illness or injury.” See 42 U.S.C. § 1395y(A)(1)(a)…. Read More »
How Do I Become a Member of an LLC?
Becoming a member of an LLC is relatively simple. The requirements for becoming an LLC member vary slightly, however, depending on whether the member is joining at the formation of the LLC or later. At formation, when the LLC will have only a single member, a person may become a member of the LLC… Read More »
Feds Recover $4.7 Billion from False Claims Act Cases in 2016
The Department of Justice recently announced its tally of total recoveries for 2016 under the False Claims Act. The government recovered an astonishing $4.7 billion during this time. The DOJ press release shows the following trends. First, qui tam whistleblower cases continue to be on the rise. Whistleblowers filed 702 qui tam lawsuits in… Read More »
Member’s Exposure to Liability for Owning an Interest in an LLC
Under the Florida Revised LLC Act, a debt, obligation or liability of an LLC is solely the responsibility of the LLC and a member cannot be held personally liable solely because of the member’s status as a member. In addition, an LLC’s failure to observe formalities relating to the exercise or management of the… Read More »