Sep 28, 2020 | Government Investigations
The State of Georgia is taking steps that allow licensees to grow cannabis and produce low THC oil(1) that can be used for defined medicinal purposes. In 2015, the Georgia General Assembly enacted “Haleigh’s Hope Act,” which is a law that allows patients to possess...
Sep 24, 2020 | COVID-19 Related Law, FINRA
The COVID-19 pandemic has forced courts and ADR forums across the country to grapple with how to safely conduct hearings and other in-person proceedings. FINRA began making changes in early March, when it administratively postponed all in-person arbitration and...
Sep 11, 2020 | COVID-19 Related Law, Government Investigations, White Collar Crime
On September 10, Acting Assistant Attorney General Brian Rabbitt delivered remarks at the PPP Criminal Fraud Enforcement Action Press Conference. A written version of his remarks can be accessed here. The Paycheck Protection Program (PPP) was part of the CARES Act,...
Sep 11, 2020 | False Claims Act, Government Investigations
Even throughout the COVID-19 pandemic, the federal False Claims Act (FCA) has remained one of the federal government’s top tools to investigate and punish alleged fraud, waste, and abuse in relation to federal programs, particularly federal healthcare programs. In...
Aug 31, 2020 | COVID-19 Related Law, Health Care, Medicare and Medicaid
On August 25, 2020, the Centers for Medicare & Medicaid Services (CMS) issued a press release regarding the strengthening of COVID-19 surveillance and the publication of interim final rule CMS-30401-IFC. Although the press release mainly addresses nursing home...
Aug 31, 2020 | False Claims Act
The Georgia Court of Appeals recently ruled on a case involving interpretation of the Georgia Taxpayer Protection False Claims Act (“TPFCA”), O.C.G.A. §23-3-120, et seq., which has not been the subject of many court opinions. The TPFCA authorizes the State of Georgia...
Aug 31, 2020 | Election Law, General, Non-Profit Organizations
As the 2020 elections heat up on the state and national level, voters likely will see more activity from certain non-profits – known as 501(c)(4) entities – that have increased in popularity in recent years and are allowed to engage in elections. Named for the...
Aug 31, 2020 | Administrative Law, Business Litigation, COVID-19 Related Law, FINRA
In light of the COVID-19 pandemic, courts and arbitration tribunals have been forced to grapple with how to safely conduct hearings while ensuring that the results of such hearings stand up to legal challenges. Back in May, we told you about a challenge to a FINRA...
Aug 31, 2020 | False Claims Act, Fraud Investigations, Government Investigations, Health Care, Medicare and Medicaid, White Collar Crime
The federal Anti-Kickback Statute (AKS), at its core, prohibits offering, paying, soliciting, or receiving any remuneration in exchange for federal healthcare program referrals. AKS violations carry potential criminal penalties, as well as civil and administrative...
Aug 21, 2020 | Administrative Law, COVID-19 Related Law, Government Investigations, Health Care
On August 19, 2020, Secretary of the U.S. Department of Health and Human Services (HHS) Alex Azar issued a third amendment to HHS’ Declaration Under the Public Readiness and Emergency Preparedness Act for Medical Countermeasures Against COVID-19 (Directive). The...
