Author Archives: Site Administrator
How Do Shareholder Derivative Suits in Corporations Work?
We’ve written on this blog about how “derivative actions” work under Florida’s Revised LLC Act. As we’ve previously explained, a derivative action is a method by which a minority member can bring a claim in court in the name of the company. Often, these suits are used to recover damages from controlling shareholders or… Read More »
The False Claims Act – One Defense Against Military Contractor Fraud
A study done by the National Contract Management Association revealed that in 2014, at close to three billion dollars, the Department of Defense accounted for two-thirds of the nation’s corporate contract spending. This vast amount of money, however, provides ample incentive for dishonest contractors to bilk the government and taxpayers, and potentially put the… Read More »
More Medicare Part D Fraud in Miami
On November 8, 2016, the United States Attorney’s Office for the Southern District Florida announced the conviction and sentencing of two defendants in a Medicare Part D fraud case. What is Medicare Part D? As most people know, Medicare is a federally funded program that provides free or below-cost healthcare benefits to certain individuals,… Read More »
Five Tips for Defending a Corporate Representative Deposition
An effective tool for a party taking discovery in Florida state court is deposing the corporate representative of an adverse party or non-party.[1] Accordingly, a corporate representative deposition requires the lawyer defending the corporate representative to prepare diligently to defend the deposition. Here are five tips for defending the corporate representative deposition: Place Your… Read More »
Are Professional Corporations and LLC Companies Alike?
Professional Corporations and Limited Liability Companies – Like Ordinary Corporations and LLCs, Sort Of. Like many other states, when licensed professionals – like doctors, lawyers, dentists, accountants, architects, and insurance agents, to name a few – form companies to do business, they do not form your run-of-the-mill corporation or LLC. Instead, they form professional… Read More »
Medicare Open Enrollment is Open Season for Scammers
Each year, Medicare beneficiaries can make changes to their Medicare health plans and prescription drug coverage between October 15 and December 7, during the Medicare Open Enrollment Period. Unfortunately for consumers, this period is also open season for Medicare scammers. Here are some common ploys that Medicare scammers use to try and take advantage… Read More »
Five Tips for Taking a Corporate Representative Deposition
One of the most effective tools for a party taking discovery in Florida state court is taking the deposition of the corporate representative of a party or non-party corporate entity.[1] This form of deposition allows a party to avoid having to depose numerous witnesses to determine a corporation’s position on various issues in the… Read More »
Grisham’s “The Whistler” May Open the Door to More Whistleblowers
Book Review: Grisham’s “The Whistler” by Florida Business Attorney Adam Rabin The hype is upon us with the release of John Grisham’s new legal thriller, “The Whistler.” While it feels like yesterday when I was a law student and could not stop turning the pages of “The Firm,” I am particularly excited for Grisham’s… Read More »
IRS Whistleblower Program Needs Help
On August 30, 2016, the Treasury Inspector General for Tax Administration issued a report following an audit of the IRS Whistleblower Program. The audit was conducted to determine whether whistleblower claims are being appropriately and timely processed for investigation and examination. The report confirms much of what lawyers who practice in this area already… Read More »
Do I Have Qui Tam Case?
How do you know if you have a Qui Tam Case? Under the False Claims Act, persons who know about fraud against the federal government can receive a reward for reporting that fraud and helping the Government recover money from the wrongdoer. We receive many calls from potential whistleblowers who wish to report serious… Read More »