Author Archives: Site Administrator
Supreme Court Approves of “Implied False Certifications”
False Claims Act litigation: Implied False Certifications and Supreme Court As we wrote back in April, the Supreme Court considered a case this term on a grey area in False Claims Act litigation – “implied certifications.” A typical false claim would be “factually false” – in other words, the fraudster submits a claim to… Read More »
How Are Damages to Reputation Determined in a Defamation Case?
When a plaintiff in a defamation case alleges damages to his or her reputation, the standard of damages is somewhat amorphous, akin to an award of pain and suffering in a personal injury case. In such cases, the jury is given broad discretion to fashion an appropriate award based upon the circumstances without the… Read More »
1099 Sales Reps and Kickbacks
Report Kickbacks and 1099 Sales Reps Many healthcare companies engage independent sales representatives or marketers to sell their goods and services. These include pharmaceutical companies, diagnostic laboratories, home health agencies, imaging centers and many others. Unfortunately, many of these companies violate the Anti-Kickback Statute (AKS) and the False Claims Act through the manner in… Read More »
Why Do So Many Florida Doctors End up in Business Disputes?
As a business litigation attorney in Florida, some of my most complex, contentious, and lengthy cases have arisen from business disputes involving physicians. So why do so many doctors end up in business disputes? Here are five reasons: 1. Doctors Often Have Poor, if Any, Documentation of Their Business Partnership Obligations and Remedies. Doctors… Read More »
What is a Kickback?
In the world of healthcare, federal law makes it illegal to offer or receive a kickback in exchange for referring or arranging for the furnishing of any item or service that will be covered by a federal healthcare program. The Anti-kickback Statute can be found at 42 U.S.C. 1320a–7B. But what is a kickback?… Read More »
AVVO Beware! Lawyer Succeeds in Action Against Former Client for Internet Defamation
The internet has changed the legal profession, mostly for the better. In one particular way, however, the internet presents a hazard for lawyers. That is, some former clients now use AVVO and other review websites to create settlement leverage against the lawyer to waive the lawyer’s outstanding attorney-fee balance. The client accomplishes this leverage by… Read More »
Federal Court vs. State Court: What are the Differences for Litigating a Business Case?
Litigating a business case in federal court often has key differences from litigating a business case in state court. Here are some of the key differences: Federal judges are often less flexible with scheduling Federal judges often are actively involved in managing their trial dockets and schedules. One way of saying it is that… Read More »
Hospital Fraud – Illegal Payments to Doctors
Unfortunately, many hospitals commit fraud against the federal government in the way they pay doctors and physicians. To understand this type of fraud, you have to understand how hospitals bill the Medicare system. Generally, bills can be divided into two categories. First, the hospital bills Medicare for work personally performed by the doctor, for… Read More »
Florida’s Revised LLC Act Says “Goodbye” to Managing Members
Under the Florida Revised LLC Act (“Revised Act”), which became effective on January 1, 2015, the concept of “managing members” is now obsolete. See Fla. Stat. §§ 605.0407 to 605.04074. So why does it matter? If an LLC’s operating agreement or articles of organization does not currently refer to the LLC as “manager-managed,” the… Read More »
Medicare Overpaid $14.1 Billion to Medicare Advantage Plans
The Government Accountability Office recently released a report finding that Medicare paid out $14.1 billion to private insurance companies for improper claims in 2013 alone. The report, entitled “Medicare Advantage: Fundamental Improvements Needed in CMS’s Effort to Recover Substantial Amounts of Improper Payments,” discusses audits conducted by the Centers for Medicare and Medicaid Services… Read More »