The Backup Tapes Quagmire
May 24, 2011
Government "hold" letters and subpoenas in white-collar investigations seek the preservation or production of "backup tapes." Some prosecutors and agents may not understand what production and use actually entail.
The UK Bribery Act
May 24, 2011
In last month's issue, we said that all General Counsel should be keenly aware of July 1, the date when the new UK bribery act will take effect. We warned that the Act has extra-territorial reach and will impact almost every corporation doing business internationally. We conclude this month with a look at what prosecutors are contemplating and what U.S. businesses should do.
FCPA: Recent Enforcement Activity Sounds Warning for Financial Services Industry
May 24, 2011
When Cheryl J. Scarboro, Chief of the SEC's Foreign Corrupt Practices Act (FCPA) enforcement unit, remarked in November 2010 that her unit "will continue to focus on industry-wide sweeps and [that] no industry is immune from [FCPA] investigation," the financial services industry would have been wise to take notice.
Defendants Must Heed New Medicare Reporting Obligations
May 22, 2011
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.
ACA and FCA Litigation
May 22, 2011
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 <i>qui tam</i> case brought under the FCA.
When Patients Require Transfer
May 22, 2011
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.
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