In Their Own Words -- Tomlin
Posted 08/10/15
Whistleblower Insider Blog
Whistleblower Insider is written by the Constantine Cannon law firm team of experienced qui tam and whistleblower lawyers. It is updated regularly to provide the latest whistleblower and fraud news and developments.
Whistleblower News From The Inside -- August 10, 2015
Posted 08/10/15
By the C|C Whistleblower Lawyer Team
SEC files amicus brief in support of whistleblower suit by former Bio-Rad GC -- In an amicus curiae brief backing plaintiff Sanford Wadler, the agency argues that employees who raise concerns of corporate misdeeds need not go directly to the authorities with their complaints to qualify for whistleblower protection. Wadler, who had served as Bio-Rad's GC for over 20...
In Their Own Words -- Grassley
Posted 08/7/15
-- “Congress did not intend to create this sort of litigation-style standoff inside the Department. It is a waste of time and money for two divisions of the same government Department to be fighting over access to the Department’s own records.”
Senator Chuck Grassley’s statement on a recent Department of Justice opinion justifying the FBI’s refusal to turn over documents to the DOJ’s Inspector General.Whistleblower News From The Inside -- August 7, 2015
Posted 08/7/15
By the C|C Whistleblower Lawyer Team
Pharma company’s First Amendment rights trump the FDA’s marketing rules – A judge in the Southern District of New York issued a preliminary injunction allowing Amarin Pharma Inc. to make truthful statements about its omega-3 drug, Vascepa, even if they pertain to off-label use of the drug. Reuters
New SEC whistleblower rule published – The SEC has issued a new rule...
Whistleblower News From The Inside -- August 6, 2015
Posted 08/6/15
By the C|C Whistleblower Lawyer Team
Decision in 60-day repayment rule case puts providers on high alert -- Healthcare providers that receive an overpayment from the government must report and return the overpayment within 60 days of the date they “identify” the overpayment. Those who don’t may violate the False Claims Act. In the first court decision interpreting this rule, a federal judge in New York...
Will Idaho Be the End of Ag-Gag?
Posted 08/6/15
By Molly Knobler and Gordon Schnell
Animal rights activists don’t get many legal wins, but this is a big one. On Tuesday in a 28-page, carefully reasoned opinion that pulled no punches, Chief Judge for the District of Idaho Lynn Winmill found Idaho’s “Ag-Gag” law unconstitutional under both the Free Speech and Equal Protection clauses. This was the law specifically aimed at criminalizing whistleblowers...
The AseraCare Trial Gears Up and Creates Ripples for Larger Hospice Industry
Posted 08/6/15
By Mary Inman and Ari Yampolsky
The issue teed up in the Government's trial against AseraCare cuts to the core of Medicare’s hospice benefit. A Medicare beneficiary is eligible for hospice care only if two doctors certify that she is “terminally ill.” This means that her illness will lead to her death within six months, if the illness runs its normal course. Because Medicare beneficiaries who choose...
In Their Own Words -- Stein
Posted 08/5/15
-- “As investors increasingly focus on corporate governance and executive compensation issues at public companies, the pay ratio disclosure will provide another metric that is useful on many fronts, such as say‐on‐pay votes.” Bloomberg
SEC Democratic Commissioner Kara Stein commenting on Dodd-Frank’s mandate that the SEC adopt a CEO pay ratio rule.As AseraCare Trial Begins, Judge Narrows What Government Can Present to the Jury
Posted 08/5/15
by Mary Inman and Ari Yampolsky
Yesterday's AseraCare trial began like all others with the empaneling and swearing in of the jury. However, unlike juries in other False Claims Act trials, this jury will only be provided with a narrow slice of the evidence. Judge Bowdre has divided the trial into phases and, in an unusual move, has severely restricted what the Phase One jury will consider.
Although there are...
Whistleblower News From The Inside -- August 5, 2015
Posted 08/5/15
By the C|C Whistleblower Lawyer Team
SEC set to adopt CEO pay ratio rule – The SEC is expected to adopt a final version of a proposed rule under Dodd-Frank that will require companies to provide investors with a ratio showing how the median pay of their workforce squares with their chief executive officers' compensation. Reuters
Allied Dental pays whistleblower $420,000 -- A New Jersey dental practice has...