Protecting Your Company Against Revenue Clawbacks: Preference Actions (Part 2 of 3)

This is part two of our three-part series on revenue clawbacks. Once again, the scenario: a customer goes bankrupt, and then they (or a trustee) demand you return money you were already paid for services or goods duly rendered. In this three-part series, we discuss strategies for protecting your company against these revenue “clawbacks” and how to implement these strategies before and after a customer’s or teaming partner’s bankruptcy filing. In part one , we discussed the definition of preferences and the . . . Read More

Law360 Quotes Matt Feinberg on Anticipated Surge in FCA Litigation for 2021

False Claims Act recoveries were modest overall in 2020, but the relatively calm year seeded the clouds for a stormy 2021 by generating tremendous government spending on pandemic relief, a record number of new cases and a potentially game-changing decision in a closely watched area of Medicare fraud litigation. . . . Even if FCA settlements took longer to finalize because DOJ attorneys were working from home, it doesn’t mean they were twiddling their thumbs while waiting to hear back . . . Read More

Healthcare Blog Series: CMS and HHS-OIG Issue Final Rules Updating the Anti-Kickback Statute and Stark Law

***This is an update to the second installment of the blog series, which detailed proposed revisions to the Anti-Kickback Statute and the Stark Law.*** On November 20, 2020, over one year after releasing proposed changes to the Anti-Kickback Statute (AKS) and the Physician Self-Referral Law (Stark Law), the Department of Health and Human Services’ Office of the Inspector General (HHS-OIG) and the Centers for Medicare and Medicaid Services (CMS) issued two final rules, revising the AKS and Stark Law safe . . . Read More

DOJ Announces FY 2020 Fraud and FCA Recovery Statistics: What They Mean for 2021

Last week, the Department of Justice (DOJ) announced that it recovered more than $2.2 billion in settlements and judgments from civil cases involving fraud and the False Claims Act (FCA) in Fiscal Year (FY) 2020 (ending September 30, 2020). DOJ’s FY 2020 fraud and FCA recovery statistics report accompanied the announcement. With a global pandemic that often delayed proceedings, the $2.2 billion in recoveries was DOJ’s lowest haul since 2008. Although the announcement and report revealed a significant decline in recoveries . . . Read More

Matt Feinberg Elected a Member of The Fellows of the American Bar Foundation

Earlier this month, PilieroMazza Partner, Matt Feinberg, was elected to The Fellows of the American Bar Foundation.  Among the world’s leading research institutes for the empirical and interdisciplinary study of law, The Fellows of the American Bar Foundation (ABF) comprises a global honorary society of attorneys, judges, law faculty, and legal scholars whose public and private careers demonstrate outstanding dedication to the highest principles of the legal profession and to the welfare of their communities.  Membership is limited to one percent of lawyers licensed to practice in . . . Read More

D.C. Expands False Claims Act Liability to Tax-Related Claims: What District Taxpayers Should Expect

Earlier this month, the District of Columbia Council passed an amendment to its False Claims Act, which extended the Act to include tax-related claims. Under the amended D.C. False Claims Act, violations may be alleged against persons and entities filing taxes in D.C.: (1) that report at least $1 million in income and (2) that understate tax liability or seek a tax refund resulting in damages of $350,000 or more. D.C. joins only two states—New York and Illinois—that authorize tax fraud . . . Read More

Unsure Whether You’ll Lose Tax Deductions for a Forgiven PPP Loan? Wait Until 2021 to File for Forgiveness

As it hashes out the details of the next COVID-19 relief package, Congress is facing pressure from business groups to allow businesses to write off expenses covered by forgiven Paycheck Protection Program (PPP) loans. The groups explain that, without write offs, “millions of small businesses . . . will face a surprising, and, in many cases, insurmountable tax bill next year.” We have received questions about the quagmire of regulations covering tax treatment for businesses when PPP loan balances are forgiven. . . . Read More

Hiring? Recent Amendments to Equal Pay for Equal Work Act Impose New Limits on Employers

Almost thirty years ago, Maryland’s General Assembly passed the Equal Pay for Equal Work Act (Act), imposing an obligation on Maryland employers to pay employees equal amounts for the same work, regardless of the employee’s sex. Effective October 1, 2020, the General Assembly amended the Act, imposing new restrictions on employers both during and after the hiring process. Companies employing workers in Maryland should review and adjust their interviewing and hiring policies to comply with the new law and avoid . . . Read More

Errors to Avoid When Moving State Litigation to Federal Court

Depending on the claims, parties, and preferences, there are multiple forums where litigants can choose to file suit. The majority of cases start in state courts, as they are courts of general jurisdiction. However, for defendants, moving a state court case to a federal court offers certain tactical benefits. Before moving your state court case to a federal court, know that federal courts can only hear cases that have at least one claim arising under federal law or disputes between . . . Read More

Healthcare Blog Series: “Safe Harbor” Exceptions, Common Infractions, and Legislative Updates to the Anti-Kickback Statute and Stark Law

***This is the second installment in a blog series examining the regulatory environment and key concerns for persons or businesses operating in the healthcare industry.*** The first installment of this series introduced the Anti-Kickback Statute (AKS) and the Physician Self-Referral Law (Stark Law), two of the most well-known anti-fraud and -abuse statutes in the healthcare industry. It examined their main differences and respective effects on business relationships and transactions for government contractors and commercial businesses operating in the healthcare sector. This installment . . . Read More