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Dinsmore & Shohl LLP | September 2017

The Second Circuit Court of Appeals recently granted a petition for interlocutory review to decide whether a violation of the FCA’s first-to-file rule can be cured by filing an amended pleading.  Both the D.C. Circuit and Fourth Circuit1 recently addressed this issue, concluding that the plain language of the first-to-file rule precludes amending around the rule ...

Dinsmore & Shohl LLP | September 2017

If you have a credit report, there is a good chance that you are one of the 143 million American consumers whose sensitive personal information was exposed in a data breach at Equifax, one of the nation’s three major credit reporting agencies ...

Dinsmore & Shohl LLP | September 2017

The Health Insurance Portability and Accountability Act (“HIPAA”) contains minimum security standards that Covered Entities and Business Associates must employ to safeguard protected health information (“PHI”).  As part of HIPAA’s security standards, Business Associates are obligated to report all security incidents to the Covered Entity ...

Dinsmore & Shohl LLP | September 2017

Yesterday, Education Secretary Betsy DeVos addressed the public regarding a controversial and difficult issue – Title IX. In her statements, she announced the new administration will change the way colleges and universities handle incidents of sexual assault on campus ...

Dinsmore & Shohl LLP | September 2017

On August 31, 2017, Judge Amos L. Mazzant of the U.S. District Court for the Eastern District of Texas struck down a Department of Labor rule that would have raised the minimum salary for an individual to be exempt from overtime pay from $455 per week ($23,660 annually) to $913 per week ($47,476 annually). The final version of the overtime rule was announced last May and was set to take effect on Dec ...

Dinsmore & Shohl LLP | August 2017

For the first time in ASTM E1527-13 (E1527-13),1 ASTM required the environmental professional (ENV Pro) to actively conduct a vapor survey.2  But it is difficult to explain how an ENV Pro should conduct a vapor survey, resulting in potentially deficient Phase I Environmental Site Assessments (Phase I ESAs) being provided to entities purchasing and investing in real property ...

Dinsmore & Shohl LLP | August 2017

It is rare that FCA defendants have their legal defenses paid for, and rarer still that DOJ must bear the expense. In United States ex rel. Wall v. Circle C Construction, the Sixth Circuit held that the government must pay roughly $500,000 in legal fees and expenses the defendant incurred as a result of the government’s unreasonable litigating position ...

Dinsmore & Shohl LLP | August 2017

Few medical issues are as significant to an employee and an employer as major back surgery. The procedure incapacitates the injured worker for months and leaves the employer short staffed while the employee recovers. Additionally, these surgeries often do not result in the expected outcome, which leads to further impairment and expense ...

Dinsmore & Shohl LLP | August 2017

The D.C. Circuit recently rejected a qui tam relator’s attempt to dodge the FCA’s first-to-file bar by amending his complaint. United States ex rel. Shea v. Cellco P’ship, 863 F.3d 923 (D.C. Cir. 2017).  The panel’s correct interpretation of the first-to-file bar stymies relators’ ability to keep copycat FCA suits in court. The relator, a telecommunications industry consultant, filed a qui tam suit against Verizon Communications, Inc. in 2007 ...

Dinsmore & Shohl LLP | August 2017

As seen in Human Resource Executive Online In the aftermath of the events in Charlottesville, Virginia, over the weekend, a Twitter account with the handle @YesYoureRacist began soliciting the assistance of the general public to identify rally attendees based on photographs. “If you recognize any of the Nazis marching in #Charlottesville, send me their names/profiles and I’ll make them famous,” the Twitter-detective tweeted ...

Dinsmore & Shohl LLP | August 2017

The Kentucky Division of Waste Management (DWM) has proposed regulatory requirements for the disposal of technologically enhanced naturally occurring radioactive material (TENORM) waste generated from oil and gas development activities containing combined Radium 226 and Radium 228 in concentrations exceeding regulatory limits.  The proposed regulations provide criteria for TENORM to be disposed in a permitted contained landfill ...

Dinsmore & Shohl LLP | August 2017

It's a quiet Friday afternoon edging uneventfully toward the end of the day when a client calls:  they’re interested in acquiring a U.S.-based widget maker.  After your internal conflict check clears, reality hits – what do you do now?    Whether your client is a foreign (non-U.S.) business targeting a U.S.-based company, or the U.S. target of a foreign purchaser, your deal may have Committee on Foreign Investment in the United States (CFIUS) implications ...

Dinsmore & Shohl LLP | August 2017

A recent decision from the Eastern District of Kentucky doubles as a primer on the enforcement of FCA releases in settlement agreements. Courts often invalidate post-filing FCA releases—those executed after a qui tam lawsuit has already been filed—reasoning that, by statute, a relator cannot release claims that belong to the government ...

Dinsmore & Shohl LLP | August 2017

We previously reported that on March 30, 2017, Ohio Gov. John Kasich and the executive directors of Ohio’s health care licensing agencies announced new standards for prescribing opiates for acute pain ...

Dinsmore & Shohl LLP | July 2017

Most employers are familiar with Glassdoor, Inc.’s website, which allows current and former employees to post anonymous reviews of an employer. But Glassdoor is often a thorn in the side of employers because many negative posts are the result of disgruntled employees or competitors seeking an advantage in recruiting ...

Dinsmore & Shohl LLP | July 2017

It has been four months since the changes to 42 CFR Part 2, the confidentiality regulations that apply to all substance abuse treatment records, became effective. Ensure your policies and forms have been updated. The finalized changes to 42 CFR Part 2 by the Substance Abuse and Mental Health Services Administration (SAMHSA), an agency within the U.S. Department of Health and Human Services (HHS), took affect March 21, 2017 ...

Dinsmore & Shohl LLP | July 2017

A recent Tenth Circuit decision shines light on a new avenue to challenge cannabis businesses, even in states where medical and recreational marijuana is legal. Although the potential federal criminal threat to cannabis businesses in states that have legalized medical or recreational cannabis has been relatively well-discussed, the potential civil threat has received little attention. In Safe Streets Alliance v. Hickenlooper, 859 F.3d 865 (10th Cir ...

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