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Jan 22, 2025 | 
mondaq.com | Samantha P. Kingsbury
Last June, the Supreme Court issued its decision in Securities and ExchangeCommission v. Jarkesy, which holds that the SeventhAmendment entitles a defendant to a jury trial when the Securitiesand Exchange Commission (SEC) seeks to impose civil monetarypenalties (CMPs) for a securities fraud violation.
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Jan 17, 2025 | 
jdsupra.com | Robert Kidwell |Samantha P. Kingsbury |Payton Thornton
When considering the health care enforcement landscape in 2024 and where it might be headed in 2025, we would be remiss if we did not address the enforcement activities of state and federal agencies beyond those typically viewed as mainstays in this space, such as the Department of Justice (DOJ) or the Office of Inspector General for the Department of Health and Human Services (OIG).
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Jan 17, 2025 | 
jdsupra.com | Samantha P. Kingsbury
Last June, the Supreme Court issued its decision in Securities and Exchange Commission v. Jarkesy, which holds that the Seventh Amendment entitles a defendant to a jury trial when the Securities and Exchange Commission (SEC) seeks to impose civil monetary penalties (CMPs) for a securities fraud violation.
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Feb 15, 2024 | 
jdsupra.com | Cory S. Flashner |Samantha P. Kingsbury |Nick LaPalme
2023 was a busy year across several federal agencies in terms of issuing compliance guidance for corporations, including health care companies. For example, the Department of Justice (DOJ) issued significant compliance program guidance in various areas.
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Feb 14, 2024 | 
jdsupra.com | Daniel Cody |Brian Dunphy |Samantha P. Kingsbury
Since May 2023, federal legislators have introduced a broad array of bills designed to address the rapid promulgation of artificial intelligence (AI) technologies. In that time, over 50 bills have been introduced, the vast majority of which have been referred to various congressional committees (Mintz tracks AI-related legislation here).
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Feb 13, 2024 | 
jdsupra.com | Brian Dunphy |Samantha P. Kingsbury
Like most industries, the health care sector is grappling with the uses of artificial intelligence (AI) and what AI means for the future. At the same time, many health care companies already have integrated algorithms and AI applications into their service offerings and thus should be considering compliance risks associated with those tools.
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Feb 12, 2024 | 
jdsupra.com | Samantha P. Kingsbury
After the Department of Justice (“DOJ”) announced its Civil Cyber-Fraud Initiative in October 2021, many in the False Claims Act (“FCA”) bar expected an onslaught of enforcement actions and qui tam cases. The initiative started off slow in 2022, with the government announcing only two cybersecurity-related settlements (we covered one of those settlements in our February 2023 edition of EnforceMintz, and you can find more information about the second settlement here).
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Feb 9, 2024 | 
jdsupra.com | Samantha P. Kingsbury
Government enforcement activities focused on tele-fraudsters remained active in 2023, but did not break substantial new ground.
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Feb 8, 2024 | 
lexology.com | Samantha P. Kingsbury
After the Department of Justice (“DOJ”) announced its Civil Cyber-Fraud Initiative in October 2021, many in the False Claims Act (“FCA”) bar expected an onslaught of enforcement actions and qui tam cases. The initiative started off slow in 2022, with the government announcing only two cybersecurity-related settlements (we covered one of those settlements in our February 2023 edition of EnforceMintz, and you can find more information about the second settlement here).
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Oct 4, 2023 | 
jdsupra.com | Samantha P. Kingsbury |Karen S. Lovitch
Last week the Office of Inspector General for the U.S. Department of Health and Human Services (OIG) issued Advisory Opinion 23-06 (AO), which advised that a proposed arrangement between certain laboratories for the purchase of the technical component (TC) of anatomic pathology (AP) services (Proposed Arrangement) could generate prohibited remuneration under the federal Anti-Kickback Statute (AKS) and thus be grounds for the imposition of sanctions.
