May
Featured Story
The Affordable Care Act: Where Are We Now
Signed into law by President Barack Obama in March 2010, the Patient Protection and Affordable Care Act (ACA) fundamentally altered the regulation of health insurance in the United States.
Features
Social Media and Preserving One's Online Reputation: How Health Care Providers Combat Negative Online Content
In the age of social media, big brother is always watching. The World Wide Web is accessible at one's fingertips at almost any time, almost anywhere. Live videos can be broadcast from cellphones to countless viewers; one's exact location can be shared along with a picture or a video on Instagram; people can post long-winded rants regarding their political preferences on Facebook.
The False Claims Act Landscape and the Significance of the Third Circuit's Dismissal of United States of America, ex rel. Anthony R. Spay v. CVS Caremark Corp. et al.
Most people are familiar with the phrase, "it's a marathon and not a sprint!" In relation to high-stakes litigation in general and the False Claims Act (FCA) in particular, no truer words have been spoken.
Pleading 'Health Care Fraud and Abuse' Under the False Claims Act in the Escobar Era: Surviving Rule 9(b) and Rule 12(b)(6) Motions to Dismiss
In the May 2013 edition of The Federal Lawyer, I co-authored an article on the same subject as this article with Martin Merritt. Some of the following text is from that initial article; however, new cases have emerged that changed part of that analysis.
Potential Adverse Inference Instruction for Unintended Electronically Stored Information Spoliation May Suggest Limitations of Recently Amended Rule 37(e)
Much writing about electronic discovery consists of horror stories, often about harsh sanctions for unintended loss of electronically stored information (ESI). The Federal Rules of Civil Procedure were amended in late 2015 to address concerns that parties, fearing such sanctions for intentional spoliation.
Ninth Circuit Affirms Long-Standing Antitrust Exemption for MLB, Rules That It Extends to Minor League Players
If you spend any amount of time following professional sports, you have likely heard players, coaches, commentators, and league officials speak about the virtue of competition for their leagues.