Monthly Archives: May 2012

Healthcare Alert: False Claims Act: Potential liability for independent contractors

A February 8, 2012 Alert issued by the Office of Inspector General (OIG) of the U.S. Department of Health and Human Services points out important issues under the Federal False Claims Act for any physician or other healthcare provider who “reassigns” his or her right to receive payment to another entity for which the physician provides services as an “independent contractor.” The Alert announced a financial settlement which the OIG reached with eight physicians. Those physicians had entered into independent contractor medical directorship agreements with various physical medicine companies. Those companies billed for services they claimed were performed or directly supervised by the physicians. In fact, the services were performed by unqualified “technicians” without physician supervision. 

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New FINRA Rule Confirms That Whistleblower Claims Need Not Be Arbitrated

Written by Lauri F. Rasnick

Before the Dodd-Frank Wall Street Reform and Consumer Protection Act (“Dodd Frank”) was enacted, whistleblower claims by registered representatives, including those arising pursuant to the Sarbanes-Oxley Act of 2002 (“SOX”) were subject to mandatory arbitration at FINRA. See FINRA Notice 12-21 (PDF). Dodd Frank changed that. Dodd Frank specifically amended SOX to provide that “[n]o dispute arbitration agreement shall be valid or enforceable, if the agreement requires arbitration of a dispute arising under this section.” In addition, SOX was also amended to provide that rights and remedies provided for in the statute cannot be waived, including by having a predispute arbitration agreement. In order to be consistent with SOX and to make it clear that FINRA will not require the arbitration of other similar statutory claims, as of May 21, 2012, FINRA amended Rule 13201 of the Code of Arbitration Procedure for Industry Disputes (the “FINRA Code”) to address the arbitrability of statutory whistleblower claims.

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ILN Today Post

Davis Malm Volunteers at Greater Boston Food Bank

Boston, MA, May 25, 2011 – On May 2, attorneys and staff from the Boston law firm of Davis, Malm & D’Agostine, P.C. had the privilege of volunteering at the Greater Boston Food Bank. Working alongside volunteers from other organizations, Davis Malm representatives inspected, sorted and repackaged food and grocery products to be distributed to hunger relief agencies. Volunteer efforts for the evening produced:

Total amount of food sorted – 6,265 lbs.
Total number of meals made possible – 4,337
Amount of food sorted per volunteer – 269 lbs.
Number of meals made possible per volunteer – 269

More…

 

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ILN Today Post

Service Tax on Renting of Immovable Property to Educational Institutes

Whilst most educational institutes have been lucky to escape the service tax net when the Finance Bill, 2010 sought to rest the raging controversy surrounding imposition of service tax on renting of immovable property for commercial purposes in favour of the Revenue, their luck has finally run out.

Renting of immovable property to educational institutes will no longer be a service tax exempt service. The Finance Act, 2012 (“FA 2012”), which has received Presidential assent on May 28, 2012, seeks to overhaul the entire service tax regime by widening the ambit of India’s service tax laws.

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ILN Today Post

Civil Procedure Code Changes

Amendment to the Civil Procedure Code

The amendment to the Civil Procedure Code dated 16 September 2011, which takes effect from 3 May 2012, implements a number of changes in civil procedure, relevant from the point of view of the participants to the proceedings.

One of the key changes is the liquidation of separate commercial proceedings. From 3 May 2012 only one procedure for pursuing claims will apply in civil cases, regardless of whether a party is an entrepreneur or a person not conducting business activity. The amendment was intended to respond to criticism of commercial proceedings, in particular their formal character. However, the nature and direction of the changes causes doubts as to whether the legislator went in the right direction in response to this criticism. The amendment liquidating commercial proceedings does not remove the complexity and difficulty of these proceedings, it only modifies and expands their effect on the whole civil proceedings. The legislator goes further and limits the freedom of the parties to file pleadings – in terms of their number, sequence and content. More…

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California Court Denies Certification of Misclassification, Meal Period and Rest Period Claims against Joe’s Crab Shack Restaurants

By Kara Maciel and Aaron Olsen

After five years of litigation, a Los Angeles Superior Court has denied class certification of a class action against Joe’s Crab Shack Restaurants on claims that it managers were misclassified as exempt and denied meal and rest periods in violation of California law.  The court found that the plaintiffs had not established adequacy of class representatives, typicality, commonality or superiority, and emphasized a defendant’s due process right to provide individualized defenses to class members’ claims.

Because the case was handled by our colleagues in our Los Angeles office, we think it best not to comment on the decision other than to say that it highlights the need for creative strategies in defending against wage-hour class actions. 

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California Court Denies Certification of Misclassification, Meal Period and Rest Period Claims against Joe’s Crab Shack Restaurants

By Kara Maciel and Aaron Olsen

After five years of litigation, a Los Angeles Superior Court has denied class certification of a class action against Joe’s Crab Shack Restaurants on claims that its managers were misclassified as exempt and denied meal and rest periods in violation of California law.  The court found that the plaintiffs had not established adequacy of class representatives, typicality, commonality or superiority, and emphasized a defendant’s due process right to provide individualized defenses to class members’ claims.

Because the case was handled by our colleagues in our Los Angeles office, we think it best not to comment on the decision other than to say that it highlights the need for creative strategies in defending against wage-hour class actions.   

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Inga Klimašauskienė about pie commercial secrets and legal protection thereof

On 29 May 2012, attorney-at-law Inga Klimašauskienė made a presentation on the topic “Commercial secrets and legal protection thereof in the organisation. Employment contracts and non-compete clauses and protection of commercial secrets therein” in the seminal organised by UAB Ekspozona.

Representatives from the major Lithuanian companies attended the consultation seminar “Application of quality management techniques and measures for improving the activity of an organisation” designated to inform the managers of business and public sector organisations about the recent quality management trends, measures and techniques.

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Inga Klimašauskienė about pie commercial secrets and legal protection thereof

On 29 May 2012, attorney-at-law Inga Klimašauskienė made a presentation on the topic “Commercial secrets and legal protection thereof in the organisation. Employment contracts and non-compete clauses and protection of commercial secrets therein” in the seminal organised by UAB Ekspozona.

Representatives from the major Lithuanian companies attended the consultation seminar “Application of quality management techniques and measures for improving the activity of an organisation” designated to inform the managers of business and public sector organisations about the recent quality management trends, measures and techniques.

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ILN Today Post

HOMS Trainee Wins National Negotiation Competition (29.5.2012)

Congratulations to Frank Wall, trainee solicitor at Holmes O’Malley Sexton for winning the National Negotiation Competition.

On Friday 11 May 2012, a team of Law Society of Ireland trainee solicitors, Frank Wall and Deirdre Toner, won the National Negotiation Competition held at King’s Inns. They competed against five other teams from the King’s Inns, Law Society of Ireland and NUI Maynooth to unanimously claim the national cup. Frank and…

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