1st Circuit Court of Appeals Upholds Tax Refund In False Claims Act Case

The United States Court of Appeals for the First Circuit upheld the district court’s decision allowing Fresenius Medical Care Holdings, Inc. (f/k/a National Medical Care, Inc.) to deduct $95 Million from a $385 Million dollar civil settlement under the False Claims Act (“FCA”).  Accordingly, the First Circuit affirmed the district court’s tax refund judgment in […]

The post 1st Circuit Court of Appeals Upholds Tax Refund In False Claims Act Case appeared first on OMW Health Law.

For more information please visit www.omwhealthlaw.com or click on the headline above.

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Building Relationship Equity *Must* Come First

On Friday, I received an email from someone I don’t know – like everyone, I get LOTS of these, but this one struck me. He must read my blog, because he mentions it in his note. He even manages to spell my name correctly.

However, the purpose for his email is to tell me about this blog post he wrote, to suggest that I use it as the subject matter of a blog post, and that I tweet out his link to my Twitter followers. In fact, he goes so far as to mention that his is a topic worthwhile of discussion by the entire legal blogosphere. Really?

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ILN Today Post

BMP Partner Elected To Membership of ABOTA

August 2014


HOUSTON – Beirne, Maynard & Parsons, L.L.P. is proud to announce that Scott Marrs, a trial lawyer in its Houston headquarters, has been elected to the American Board of Trial Advocates (ABOTA). ABOTA is an invitation-only organization dedicated to the preservation and promotion of the civil jury trial right provided by the Seventh Amendment to the U.S. Constitution. Elected members are some of the nation’s most experienced and respected trial lawyers. Marrs has over 20 years of experience as a trial lawyer providing legal counseling in international, energy, intellectual property, and complex commercial matters, both domestically and internationally. He is also on the Board of the General Counsel Forum (Houston Chapter), serves on the Advisory Board for the Institute for Energy Law (IEL), has served as Chair and Vice Chair of the International Association of Defense Counsel’s Business Litigation Committee, and was previously in the Legal, Natural Gas, and Land departments of a major energy company.


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ILN Today Post

Security Interest Reborn

Over two years have now passed since the introduction of the Personal Property Securities Act 2009 (PPSA) and we are now finally starting to see the courts provide some guidance on practical issues secured parties have been faced with since its inception.

In SFS Projects Australia Pty Ltd v Registrar of Personal Property Securities [2014] FCA 846, Justice Gleeson of the Federal Court rejected the Registrar’s argument for a narrower interpretation of the PPSA favouring a more practical application that will come as welcome relief to anybody dealing with the Personal Property Securities Register (PPSR). More…

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7-Eleven Franchise Operators’ Overtime & Minimum Wage Lawsuit Given Green Light by NJ District Court

By Maxine Neuhauser

For retail and hospitality industries especially,  it is turning out to be a long, hot summer as franchises continue to be in the employment law spotlight.  

On July 29, 2014 the NLRB’s General Counsel announced a decision to treat McDonald’s, USA, LLC as a joint employer, along with its franchisees, of workers  43 McDonald’s franchised restaurants with regard to unfair labor practices charges filed by unions on behalf of the workers and authorized charges against of both the franchisees and McDonalds. (See our July 30 blog post  and Aug. 4, 2014 Aug. 14 blog post)

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32 attorneys at McDonald Hopkins selected for inclusion in Best Lawyers® 2015

Cleveland, Ohio – Thirty-two attorneys at McDonald Hopkins have been selected by their peers for inclusion in Best Lawyers 2015. The 21st edition of Best Lawyers is based on more than 5.5 million detailed evaluations of lawyers by other lawyers.

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Tvangsfuldbyrdelse på grundlag af digitale dokumenter

Folketinget har den 11. juni 2014 vedtaget en ændring af retsplejeloven og forskellige andre love, som bl.a. gør det muligt for kreditorer at bruge dokumenter med debitors digitale underskrift, når man skal inddrive gæld eller søge sig sat i besiddelse af genstande solgt med ejendomsforbehold. Reglerne trådte i kraft den 1. juli 2014, og de gælder også for dokumenter, der er underskrevet digitalt inden lovens ikrafttræden.

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Afståelse af fast ejendom


Afståelse af fast ejendom behandles enten efter ejendomsavancebeskatningsloven eller efter næringsreglerne. Ejendomsavancebeskatningsloven giver dog i et vist omfang adgang til, at afståelse af fast ejendom kan ske skattefrit.

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Wal-Mart Ordered to Compensate Former Employee for Workplace Bullying

To state the obvious, there is no precedent until it is done for first time.  So said the Ontario Court of Appeal in confirming a record damage award against an individual employee in the case of Boucher v. Wal-Mart Canada Corp. 2014 ONCA 419.

 Meredith Boucher began working for Wal-Mart in 1999.  She was a good employee.  In 2008, Boucher was promoted to the position of assistant manager at a Wal-Mart store in Windsor, Ontario.   She reported to the store manager, Jason Pinnock. 
For health reasons, Wal-Mart is required to maintain temperature logs which record temperatures of food and dairy products stored in its coolers.  Boucher was responsible for ensuring the logs were maintained.
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NLRB Again Expands Its Definition of Protected Concerted Activity – One Hand Clapping May Be Concerted

By Ian Gabriel Nanos

We have written about it before but a recent NLRB decision is yet another example of the NLRB’s expanding and expansive view of what constitutes protected, concerted activities, and is therefore protected under the National Labor Relations Act.  In Fresh & Easy Neighborhood Mkt, the NLRB (Chairman Pearce and Members Hirozawa and Schiffer) found that an employee engaged in protected, concerted activity when the employee spoke to co-workers about a single act of sexual harassment that was “seemingly directed at [the employee] alone.”   The majority noted that it did not matter whether she thought or believed that she was engaged in protected activity. 

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