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Pharmaceutical Companies, Off-Label Promotion And Qui Tam Actions Image

Pharmaceutical Companies, Off-Label Promotion And Qui Tam Actions

Randall L. Christian, Jason H.Casell & Francisco T. Rivas

In pharmaceutical actions, most false claims <i>qui tam</i> actions brought by whistleblowers involve off-label promotion, kickbacks, pricing allegations, and reimbursement abuses. Although these start out as civil lawsuits, they often end with the DOJ pressing charges against the pharmaceuticals manufacturer.

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Attorneys and Whistleblowing Image

Attorneys and Whistleblowing

Howard W. Goldstein

A recent opinion from the Southern District of New York indicates that lawyers will typically be prohibited from bringing <i>qui tam</i> actions against their former clients. And the new Dodd-Frank regulations expressly limit when an attorney can reap a whistleblower reward.

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Privileged Communications and the One-Sided Nature of Crime-Fraud Litigation Image

Privileged Communications and the One-Sided Nature of Crime-Fraud Litigation

Jeffrey A. Neiman & Justin A. Thornton

The crime-fraud exception to the attorney-client privilege allows the government, often <i>ex parte</i>, to obtain a court order demanding the production of what were once thought to be privileged communications.

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LILOs and SILOs: The Final Chapter? Image

LILOs and SILOs: The Final Chapter?

Philip H. Spector

In what may be the final chapter in the years of litigation over tax-exempt entity leasing transactions, the Circuit Court of Appeals affirmed the Federal Claims Court's decision disallowing Wells Fargo's deductions from SILO transactions.

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Effective Hands-On Training That Millennial Lawyers Embrace and Boomer Lawyers Approve Image

Effective Hands-On Training That Millennial Lawyers Embrace and Boomer Lawyers Approve

Mark McCurdy & Suellen Wideman

Law firm training programs are being squeezed by the return of an old problem to the new workplace ' the generation gap. Here's how to bridge the gap and strengthen your firm.

Don't Ask and Don't Tell Image

Don't Ask and Don't Tell

Debra S. Friedman

Organizations that obtain, use and/or disclose an applicant's or employee's genetic information may run afoul of Title II of the Genetic Information Nondiscrimination Act of 2008 (GINA), which prohibits companies from using genetic information to make employment decisions.

Short Course on Practice Group Planning Image

Short Course on Practice Group Planning

Eric Seeger

This article some tools and principles that will be useful to practice group leaders in developing effective practice group plans.

Features

Renkemeyer Case Sheds Light on Law Firm Tax Issues Image

Renkemeyer Case Sheds Light on Law Firm Tax Issues

Richard Stieglitz & Martin Arking

A recent tax court case dealt with two issues that are relevant to many law firms. The first issue is the allocation of partnership income to the partners in the absence of a written partnership agreement. The second is whether income generated by a limited liability partnership is subject to self-employment tax.

Court Says OK to Terminate Bipolar Employee Image

Court Says OK to Terminate Bipolar Employee

Cassidy M. English

Before filing suit under the California Fair Employment and Housing Act (FEHA), an employee must exhaust her administrative remedies with the Department of Fair Employment and Housing (DFEH). An analysis of <i>Wills v. Superior Court</i>

Economic Analysis: ERISA Litigation over Fiduciary Duties Image

Economic Analysis: ERISA Litigation over Fiduciary Duties

John Montgomery

The purpose of this article is to discuss some of the important economic issues that arise in ERISA litigation, both in establishing liability and in calculating damages.

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