In the heavily regulated health care sector, the line between human error and a knowing "false claim" can be indistinct, aided and abetted by prosecutors' reliance on the FCA-defined concepts of "reckless disregard" and "deliberate ignorance" as proxies for proof of actual knowledge.
- April 26, 2013Ronald H. Levine
In a series of recent decisions, the bankruptcy court for the Southern District of New York has broadly interpreted section 502(e)(1)(B) of the Bankruptcy Code in disallowing substantial claims in several contexts.
April 26, 2013Robert SidorskyUntil recently, the public finance world simply did not experience significant defaults. Until now. A look at recent litigation.
April 26, 2013Karen Grande, John Whitlock, Steven B. Smith and Theodore OrsonNo party may assign this agreement: If this is the clause in an agreement of sale, the negotiating attorneys have not sufficiently protected their clients' interests.
April 26, 2013Melanie J. ScrobleNew approaches to parking are offering retailers and developers greater flexibility and the opportunity to reduce costs and environmental impacts.
April 26, 2013Marsha Anderson Bomar and David S. LimaCongress is once again pushing forward on a controversial bill to bolster the nation's cybersecurity, which could end up changing how law firms and their clients respond to online threats. The House passed the Cyber Intelligence Sharing and Protection Act (CISPA) on April 18, sending the legislation to the Senate. The bill would allow 'cybersecurity entities' ' an intentionally broad term that includes law firms and business that they represent ' to share cyber threat information'
April 24, 2013Todd RugerThe use of predictive coding in e-discovery answers the need to automate document review for discovery purposes. Why is automation of this process now so necessary? Because Big Data is upon us, and the legal profession is as much affected by this mountain of information as is business. We need automation to make our way through this.
March 29, 2013Donna SeyleSocial networking has become the primary means of sharing knowledge and information for increasing numbers of individuals and organizations. Traditionally, businesses ' and law firms especially ' have been more concerned with the potential risks of adopting social network models into their workflows than with the potential profit-impacting benefits on their organizations.
March 29, 2013Alan FellerTurning time into money begins with the metrics a firm has in place, whether the key performance indicators are being measured and tracked, and how technology is being leveraged to streamline the entire process. technology plays a vital role in not only monitoring and 'policing' these metrics, but financial management and billing technology in particular, can always be tweaked and customized to better firm metrics ' especially as they relate to firm utilization, realization, and A/R aging.
March 29, 2013Liz LamarWhen corporate legal and IT departments deploy new enterprise software, migrating legacy data into the new system is usually one of the larger challenges faced. When it comes to e-discovery software, this challenge is exasperated as matter information may be contained in legacy systems or in a collection of spreadsheets or other ad hoc tools.
March 29, 2013David Hartmann and Scott Giordano

