Author Archives: Site Administrator
What are Violations of the False Claims Act?
Any fraud on a federal government agency could potentially be a violation of the federal False Claims Act. Not every government fraud involves millions of dollars. Take, for example, a recent settlement announced by the Department of Justice’s Office of the Inspector General. According to the DOJ’s press release, Douglas daCosta of Livermore California,… Read More »
What are Appraisal Rights for LLC Members?
LLC Members Appraisal Rights: What are they? “Appraisal rights” are rights that minority members of an LLC have to be paid the fair market value of their ownership interest in certain circumstances. In essence, these rights give a member a legal right to be bought out of the company when major changes are made… Read More »
U.S. Tax Court Expands the Scope of I.R.S. Whistleblower Awards
Business Litigation Attorney Explains: I.R.S. Whistleblower Awards Expanded by U.S Tax Court The statute governing whistleblower claims, I.R.C. § 7623, grants awards to private citizens who provide information to the IRS that leads to the collection of at least $2 million in taxes, penalties, interest, and “additional amounts.” The whistleblower can get an award… Read More »
Help! Someone Has Served Me With a Subpoena For My Bank Records!
Served With Subpoena for Bank Records? Business Litigation Law Firm shares the following tips: Occasionally, we will get contacted by clients who have been served with a subpoena demanding that person or business turn over its general ledgers, bank statements, tax returns, or other financial records. They often question whether they are, in fact,… Read More »
Can an LLC Member Recover the Cost of an Appraisal of the Member’s Interest?
In a proceeding to appraise an LLC minority member’s interest, the Court shall determine the appropriate costs for a court-appointed appraiser and is obligated to assess them against the LLC. The exception is when the Court finds the members acted arbitrarily, vexatiously or not in good faith, which allows the Court to assess the… Read More »
Government Child Care Fraud Hurts Families
If you are not part of a low-income family with small children, you may not have heard of the Child Care and Development Fund (CCDF). Similar to the Medicaid program, CCDF is a joint program between the federal government and the states that provides child care subsidies to eligible low-income families so the parent(s)… Read More »
When is a Whistleblower Case Barred by the Public Disclosure Rule?
When is a Whistleblower Case Barred by the Public Disclosure Rule: Business Litigation Attorneys Explain The False Claims Act contains a provision commonly known as the public disclosure bar. This provision, in certain circumstances, prevents whistleblowers from bringing qui tam cases if those cases are based upon facts or fraudulent schemes that have already… Read More »
What is Required for the Members to Dissolve an LLC?
Under the Florida Revised LLC Act (“Revised Act”), an LLC must dissolve when one of the following circumstances occurs: An event occurs that the LLC operating agreement provides will be a basis for dissolution. All of the members consent to dissolution. The passage of 90 consecutive days during which the LLC has no members… Read More »
Civil Penalties Under the False Claims Act Set to Rise
Increased Civil Penalties Under the False Claims Act – Business Litigation Attorneys Explain On June 30, the Department of Justice announced that it is adjusting the civil monetary penalties imposed under the False Claims Act, effective August 1, 2016. This follows a similar increase announced by the Railroad Retirement Board back in May of… Read More »
If I Bring a Lawsuit, Can I Force the Other Party to Pay My Attorney’s Fees?
As business litigators, we frequently get asked if there is a way to force the defendant (or the plaintiff, as the case may be) to pay our client’s attorney’s fees for the time spent litigating a case. The answer, like so many questions, depends on the circumstances. The so-called “American Rule” of attorney’s fees… Read More »