Insights

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Apr 24, 2014 | Unions Successfully Strike Non-Union Companies to Represent Workers

Companies that think only union employees can go on strike are sorely mistaken. Non-union employees can and do strike - oftentimes as part of a broader union organizing strategy. An auto parts supplier in Toledo, Ohio recently learned this the hard w...

Apr 18, 2014 | Self-Assessment Tool Announced by Health and Human Services to Aid in HIPAA Compliance

With Health and Human Services (HHS) audit activity on the rise, an accurate and thorough assessment is more important than ever. HIPAA’s security rule requires most covered entities (including group health plans) and business associates to conduc...

Apr 16, 2014 | Prominent Illinois Businessman and Former County Treasurer Sentenced in Sherman Antitrust Case

Southern Illinois businessman Barrett R. Rochman, head of Rochman Investments, was sentenced in United States District Court in East St. Louis to 16 months in prison and fined $30,000 for his role in a scheme to rig tax lien sales in exchange for c...

Apr 11, 2014 | Department of Health and Human Services Advisory Opinion Adverse To Arrangement Involving Electronic Health Records For Labs

The federal government, through the U.S. Department of Health and Human Services (HHS) Office of Inspector General (OIG), has just released a federal health care fraud and abuse advisory opinion that requires health care providers, laboratories and e...

Apr 8, 2014 | Pharmacy Trends with Medicare Part D Sponsors & Pharmacy Benefit Managers

Medicare Part D Sponsor Files Another False Claims Complaint In a lawsuit unsealed in late March, Fox Rx Inc. (Fox), the parent company of a Medicare Part D sponsor, alleges in a 36-page Complaint that CVS Pharmacy Inc. (CVS) knowingly submitted c...

Apr 8, 2014 | Financial Regulators Issue Statements on ATM Fraud and DDoS Attacks

Financial regulators at the Federal Financial Institutions Examination Council (FFIEC)[i] recently issued two joint statements to financial institutions on the risks associated with cyber-attacks on Automated Teller Machine (ATM) and card authorizati...

Apr 7, 2014 | Ohio Supreme Court Decision Concludes Sixteen-Month Saga Regarding Who Can Serve and Run for Sheriff of Stark County, Ohio

On April 2, 2014, the Ohio Supreme Court issued its decision in State ex rel. Balas-Bratton v. Husted, Slip Opinion No. 2014-Ohio-1406, an expedited elections’ law matter, definitively ruling that the incumbent Sheriff of Stark County, Ohio meets t...

Mar 27, 2014 | NLRB Region 13 Rules Northwestern University's Football Players Can Unionize

In a case of first impression, Region 13 of the National Labor Relations Board (NLRB) determined that football players who are on scholarship at Northwestern University are “employees” of the school and eligible to vote whether they want to be repr...

Mar 25, 2014 | Small Business Administration Eliminates Personal Resource Test for 504 and 7(a) Loan Programs

On March 21, 2014 the U.S. Small Business Administration (SBA) issued its final rule in Federal Register Vol. 79, No. 55, regarding the personal resource test for the 504 and 7(a) Loan Programs. The final rule eliminates this test for loan applicants...

Mar 19, 2014 | Ohio Hospital Agrees to $8.5 Million Settlement with Department of Justice

ProMedica Memorial Hospital (Memorial), a small, 71-bed facility in Fremont, Ohio, will pay $8.5 million to settle allegations that it violated the False Claims Act, the federal Anti-Kickback Statute and the Stark Law. In 2012, Memorial conducted...

Mar 14, 2014 | President Obama Orders Revisions to Rules on Overtime Pay

President Obama signed a memorandum yesterday that has the potential to greatly expand the number of employees who qualify for overtime pay under the Fair Labor Standards Act (FLSA). The President’s Memorandum is designed to raise the wages of low sa...

Mar 11, 2014 | Record Settlement Reached in Halifax Health Physician Kickback Case - Hospital Agrees to Pay Out $85 Million

Halifax Health (Halifax), a hospital system based in Daytona Beach, Florida, filed a final settlement agreement on March 10, 2014, in a whistleblower lawsuit originally filed in 2009. Halifax will pay a record-setting penalty of $83 million for its v...

Mar 10, 2014 | Treasury Announces Simplified Employer Reporting Requirements under the Affordable Care Act

On March 5, 2014, the Department of the Treasury announced changes to the employer reporting requirements under the Affordable Care Act (ACA). Generally, the ACA requires employers to report information to the IRS regarding the health care coverage t...

Mar 6, 2014 | Supreme Court Expands Reach of Whistleblower Protections

In a decision handed down on March 4, 2014, the United States Supreme Court ruled that a provision of the Sarbanes-Oxley Act (the “Act”) of 2002 protects not only the “whistleblower” employees of publicly-held companies from retaliatory actions, but...

Mar 4, 2014 | Fraud at Citigroup's Mexican Subsidiary Banamex Leads to SEC Investigation

The U.S. Securities and Exchange Commission (SEC) has undertaken an investigation of Citigroup for possible accounting fraud and violation of the Foreign Corrupt Practices Act (FCPA) following the disclosure by Citigroup of a recently discovered frau...

Feb 21, 2014 | Banking on the Marijuana Business - Treasury and DOJ Clear Financial Institutions to Service State-Licensed Marijuana Businesses

On February 14, 2014, the Department of the Treasury, Financial Crimes Enforcement Network (FinCEN) issued detailed guidelines for financial institutions that do business in the 20 states and the District of Columbia that have legalized marijuana in...

Feb 20, 2014 | Ohio Industrial Commission and Bureau of Workers' Compensation Update Wage Loss Compensation Rules

Effective February 13, 2014, the Industrial Commission (IC) and Bureau of Workers’ Compensation (BWC) have enacted a new joint rule for the processing and adjudication of requests for wage loss compensation. In response to the Governor’s Common Sense...

Feb 19, 2014 | New Northern District of Ohio Decision Interprets Ohio's Catastrophic Loss Exception to the Cap on Noneconomic Damages

The Ohio Tort Reform Act, which became effective in 2005, provides a cap on a plaintiff's recovery of noneconomic damages. Under the Act and set forth in Ohio Revised Code ("R.C.") 2315.18, damages for noneconomic loss are limited to the greater of:...

Feb 18, 2014 | OSHA Issues Interim Rule for Whistleblowers under the Food Safety Modernization Act

On February 12, 2014, the Occupational Safety and Health Administration (OSHA) issued an interim final rule that addresses procedures for retaliation complaints under the whistleblower provisions of the Food Safety Modernization Act (FSMA). The whist...

Feb 14, 2014 | Prescription Drug Fraud Prosecutions on the Rise - Law Enforcement Agencies Casting a Broad Net

The number of prosecutions for prescription drug fraud is expected to increase in 2014, keeping pace with increases seen in 2013. Much of the upsurge has been attributed, at least in part, to the full implementation of the Patient Protection and Affo...

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