Features
Navigating Triangular Setoff Through Safe Harbors
An in-depth discussion of Safe-Harbored contracts and protected entities.
When Licensed Professionals Commit Insurance Fraud
Insurance fraud is committed not only by people who set fire to their homes for the insurance money or who lie about "missing" property that was in their "stolen" cars. Doctors and lawyers also commit insurance fraud. They risk the usual penalties, including potential jail time, as well as the loss of their ability to practice their profession.
Features
New Anti-Kickback Law 'Safe Harbors' Proposed
The problems of poor-quality or unnecessary care were caused, in part, by the fee-for-service payment system that was in effect for generations. The fee-for-service model unfortunately offered the wrong incentives to dishonest or poor-quality providers to maximize revenue by maximizing services regardless of the quality or the medical necessity of the services provided.
Federal Circuit To Revisit Patent Exhaustion <i>En Banc</i>
The Federal Circuit is set to hear argument <i>en banc</i> in <i>Lexmark International, Inc. v. Impression Products, Inc.,</i> a case involving two critical aspects of patent exhaustion.
The Greatest Article Ever Written on Puffery!
What might ordinarily be run-of-the-mill puffery can be transmogrified into large scale liability for a company where the company representative knows what he or she says is not reasonably supportable. A look at some recent cases.
Features
Crackdown on Offshore Tax Evasion Not Slowing Down
The DOJ Tax Division and the IRS have been ramping up an intense crackdown on offshore tax evasion, and the IRS's reduced resources due to new budget cuts is having no effect on IRS enforcement initiatives in this area.
Features
Drawing the Line Between Fact- and Expert-Witness Testimony
As is often the case in product liability lawsuits, the recent bellwether trial in the Risperdal litigation involved several disputes about the admissibility of expert testimony. However, one such dispute is notable because the "expert" testimony in question was actually from a fact witness.
Features
Tips for Investors: Don't Lock Out Unionized Targets
There's something about the idea of dealing with unions that just plain intimidates investors. Both financial and strategic investors often instinctively reject the idea of acquiring unionized companies. This can be a mistake.
Features
International Design Patent Filing Considerations After U.S. Entry into the Hague Agreement
Effective May 13, 2015, applicants can file international design patent applications in a single, standardized application via the USPTO designating any of more than 62 territories, including the U.S. and European Union (EU), and can receive the same effective filing date in each jurisdiction. This important opportunity comes as the U.S. accedes to the Geneva Act of the Hague Agreement.
Features
Public-Private Partnerships
Public-private partnerships (P3s) have been gaining increased favor in the U.S. as a way for the public sector to harness the expertise and efficiencies of the private sector in meeting the infrastructure and social needs of local and state governments. Here are some tips for in--house counsel.
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