The Brand Memo is Dead
Do I have your attention? Okay, forgive me. The headline is a little click-baity. The centerpiece of the Brand Memo – the January 25, 2018 Memorandum by former Associate Attorney General Rachel [...]
FCA and Compliance Issues Concerning S/M/W/SDV Businesses Enterprises
As I mentioned a few days ago in discussing DOJ’s annual False Claims Act (FCA) press release, the healthcare industry is still the darling of DOJ and whistleblowers. Healthcare matters comprised [...]
Unearthing the Dead
You never know what – or who – lies beneath the surface. Imagine you are engaged in construction, landscaping, or some other improvement to real property, and suddenly you make a grim discovery. [...]
Key Takeaways from DOJ’s Annual FCA Recoveries Press Release
Every year, the Department of Justice (DOJ) issues a press release disclosing its recoveries in False Claims Act (FCA) actions for the past fiscal year. It is something of a victory lap for DOJ, [...]
Role of private equity in Chapter 11 bankruptcies debated
In my last post, I mentioned that it is becoming standard for unsecured creditors in a Chapter 11 case to go after the debtor’s private equity backers: One issue that I am seeing in my practice [...]
Telehealth and DME subjects of early 2020 healthcare enforcement activity
Durable Medical Equipment (DME) fraud has long been a focus of DOJ and HHS-OIG enforcement efforts both nationally and in Nashville. A more recent priority has been perceived abuses in the field [...]
Trends in private equity-backed bankruptcies
For several years now, the number of private equity-backed bankruptcy filings has been on the rise. A few months ago in November, The Deal reported that, for private equity-backed companies with [...]
What is a Revocable Trust and do you need one?
I am a Fellow of The American College of Trust and Estate Counsel (“ACTEC”). ACTEC is a nonprofit association of lawyers and law professors who practice throughout the United States, Canada, and [...]
Your Loved One Dies. You’re in Charge of Settling Their Estate. What Happens Next?
I was recently asked to speak about estate administration to a group of individuals, many of whom were familiar with the process of creating a Will and/or Revocable Trust and executing [...]
Thinking Inside the Box: Six Lessons on Drafting and Litigating Contracts After IHS v. BCBS
In January 2019, the Tennessee Supreme Court issued a landmark decision on interpreting contracts: Individual Healthcare Specialists, Inc. v. BlueCross BlueShield of Tennessee, Inc., 2019 WL [...]
