New Law Would Limit Liability for Innocent Billing Errors

The Fairness in Health Care Claims, Guidance and Investigations Act, H.R. 2931  would amend the False Claims Act (“FCA”) by requiring that regulators satisfy procedural steps before embarking on costly fraud investigations.  The Bipartisan legislation, introduced by Representatives Howard Coble (R), North Carolina and David Scott (D), Georgia, would raise the burden of proof under [...]

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

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Warning over quickie celebrity divorces

Couples risk developing unrealistic expectations of divorce and separation as a result of celebrity divorces reported in the media, the Law Society for England and Wales has warned.

It points out that the speed of divorces such as Nigella Lawson’s from Charles Saatchi owes a lot to the fact that neither side was making a financial claim against the other, a situation that doesn’t exist in most divorces.

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McDonald Hopkins Government Strategies Advisory: This Week in Washington — August 9, 2013

Comprehensive tax reform has always been a Herculean legislative lift for proponents in both chambers, but the effort could get even more difficult. House Ways and Means Committee Chairman Dave Camp (R-MI) is considering a run for the Senate seat being left open by the retirement of long-time Senator Carl Levin (D-MI).

From his perch atop the powerful House Ways and Means Committee, Rep. Camp has been a tireless and vocal leader of the efforts to overhaul our nation’s tax code for years. A Senate bid by Camp would force the Michigan Republican to shift his emphasis from tax reform to a Senate run. 

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"Republican Divide Shows Moderates Hard to Find in Echoes of 1964," Steven LaTourette interviewed

McDonald Hopkins Government Strategies President Steven LaTourette was interviewed for the Bloomberg Businessweek article “Republican Divide Shows Moderates Hard to Find in Echoes of 1964.”

Click here for full article.

http://www.businessweek.com/news/2013-08-09/republican-divide-shows-moderates-hard-to-find-in-echoes-of-1964

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National Election Law Seminar (Raquel Rodriguez)

Raquel Rodriguez will be a panelist at the National Election Law Seminar sponsored by the Republican National Lawyers Assocation on August 9th. She will be discussing legal issues from the 2012 Presidential Election and the Florida election law landscape.

Click here for more information and to register.

https://www.rnla.org/events/EventsDetail.asp?EventID=915

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The New Jersey Technology Council: Informative Discussions at the 2013 Annual Meeting

By Michelle Capezza

The New Jersey Technology Council (NJTC) is a not-for-profit, trade association which focuses on connecting decision-makers and thought-leaders from technology and technology support companies through access to financing opportunities, networking, and business support. Through its programs, the NJTC provides timely business information to help its members grow and succeed and provides forums for member companies to work together to advance New Jersey’s, and the region’s, status as a leading technology center.

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Is Rule 30(b)(6) A Plaintiff’s Best Friend?

Rule 30(b)(6) of the Federal Rules of Civil Procedure provides an efficient means of identifying the corporate representative with the most relevant knowledge concerning particular subjects at issue in a case. When a requesting party cannot identify the appropriate corporate witness to testify about particular activities or documents, Rule 30(b)(6) can be an invaluable tool.

The corporate deposition may be fraught with risk, however, especially in a case involving skillful plaintiff counsel. This is particularly the case where testimony of the corporate representative may have importance in future or parallel litigation. Thus, If Rule 30(b)(6) is plaintiff’s counsel’s best friend, it is imperative that the corporate witness be properly prepared in the first instance. In a program titled, “Preparing the Corporate Witness,” which was presented to the attendees at the IADC’s 2013 Annual Meeting, Kay Barnes Baxter of Swetman Baxter Massenburg, LLC, Elizabeth Haecker Ryan of Coats Rose, and Terrence M.R. Zic of Whiteford Taylor Preston LLC provided an excellent overview of potential Rule 30(b)(6) pitfalls and how good preparation may help avoid them.

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“Canning the Spam” – The FTC on Mobile Spamming

Spamming has taken a new form in this era of mobile phones and text messaging.  In addition to fighting the clutter in our e-mail inboxes, we are also faced with clutter on our cell phones.  In the words of the FTC, text message spam is a “triple threat.”  First, mobile spam often uses the promise of free gifts or product offers to get you to reveal personal information such as bank account, credit card, or Social Security information.  Alternatively, clicking on a link in a text message can lead to the installation of malware that collects information on your phone and sends it to a third party.  Second, the spam can lead to unwanted charges on your cell phone bill. Third, these unsolicited messages can slow your cell phone’s performance.

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SRDP Settlement: Improper EHR Donation Arrangement Among Violations

Last month CMS settled several violations of the self-referral statute (aka Stark Law) with an Ohio hospital, including a failure to appropriately structure a donation arrangement for electronic health records (EHR) .  The hospital disclosed under the Self-Referral Disclosure Protocol that it may have violated the Stark Law with regard to several arrangements with certain physicians, [...]

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

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Michael Kun quoted regarding California wage-hour class actions

Michael Kun, chair of EBG’s wage-hour practice group, was recently quoted by California Lawyer magazine regarding the impact of the California Supreme Court’s decision in Brinker v. Superior Court on California wage-hour class actions.

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