LJN Newsletters

We continue this month with our discussion of the expanded reach of the Medicare reporting requirements under the Medicare, Medicaid and SCHIP Extension Act of 2007 (MMSEA), which as of January 2011 is applicable to liability insurers and self-insured entities.

The Patient Protection and Affordable Care Act (ACA) changes federal law governing FCA claims in a way that gives individual plaintiffs new power to use information learned in discovery in a civil case as the basis for a qui tam case brought under the FCA.

It is not uncommon to see a medical malpractice case arising out of treatment received in an emergency situation. State legislatures are becoming more sensitive to this litigation and the effect that it has on the cost of medical malpractice insurance, as well as access to medical treatment.

New accounting laws are in the final stages of being enacted. What does this have to do with in-house counsel? An explanation of the new standards and why they matter.

Over 17 months ago, Judge Shira Scheindlin sounded the clarion call once again ' organizations that fail to take reasonable steps in response to a preservation obligation do so at their peril.

There are also information governance implications, especially those involving electronic discovery, when moving to the cloud.

It is no longer enough to simply be a great lawyer and risk manager; corporate counsel must be effective business managers and be able to demonstrate the value they create for their companies in order to be considered successful.

While corporate executives and their advisers will no doubt appreciate the certainty provided by the Supreme Court's affirmation of the "nerve center" test for determining a corporation's principal place of business, they must be mindful that the courts will focus on the actual "center of direction, control, and coordination" rather than artificial attempts to manipulate jurisdiction.