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August 1, 2019 SEC Fraud

What is the Foreign Corrupt Practices Act?

The Foreign Corrupt Practices Act (“FCPA” or “the Act”) (15 U.S.C. §§ 78dd-1, et seq.) is a 1977 federal statute passed to enhance financial transparency among American companies. The FCPA was passed in response to investigations conducted by the Security and Exchange Commission (“SEC”) in the early 1970’s that found […]
July 25, 2019 News

Berger Montague Named 2019 Elite Trial Lawyers; Eric L. Cramer Honored With 2019 Keith Givens Visionary Award

Berger Montague is proud to announce that the Firm has been named 2019 Elite Trial Lawyers by The National Law Journal in two award categories: “Antitrust” and “Pharmaceutical Litigation.” In addition, Firm Chairman Eric L. Cramer received the 2019 Keith Givens Visionary Award.
July 8, 2019 News

Three Berger Montague Attorneys Named 2019 Minnesota Super Lawyers and Rising Stars

Berger Montague is proud to announce that Thomson Reuters has named Managing Shareholder E. Michelle Drake a 2019 Minnesota Super Lawyer. In addition, Associate John Albanese and Senior Counsel Hans Lodge have been named 2019 Minnesota Rising Stars.
June 19, 2019 False Claims Act Legal News

Court Defends “Professional” Relator Against Government Overreach

In U.S. ex rel. CIMZNHCA v. UCB, Inc., 2019 WL 1598109 (S.D. Ill. Apr. 15, 2019), the court denied the Government’s motion to dismiss a facially valid case alleging illegal kickbacks. The relator is a limited liability holding company of an entity called the National Health Care Analysis Group, which […]
June 17, 2019 False Claims Act Legal News

Government Joins Case Involving Drug Manufacturer’s Illegal Payments of Patient Co-Pays on Expensive Drug

The Department of Justice, with the Office of the United States Attorney of the Eastern District of Pennsylvania, recently joined a lawsuit filed by private whistleblowers against Mallinckrodt ARD LLC, a drug manufacturer. The Government’s complaint was filed on June 4, 2019, although the case had initially been filed in […]
June 14, 2019 False Claims Act Legal News

Court Rewards Relators’ Extraordinary Contribution to False Claims Act Litigation by Awarding 28.5% Relator Share

In U.S. ex rel. Bibby v. Wells Fargo Bank, N.A., 369 F. Supp. 3d 1346 (N.D. Ga. 2019), the district court that had handled the False Claims Act (“FCA”) litigation for the last seven years of its thirteen-year history rejected the Government’s attempt to limit relators to the minimum statutory […]
June 12, 2019 False Claims Act Information

Utah False Claims Act

Utah has enacted a False Claims Act (“Utah FCA”), Utah Code Annotated sections 26–20–9.5 et seq.). The Utah FCA prohibits parties from “enter[ing] into an agreement, combination, or conspiracy to defraud the state by obtaining or aiding another to obtain the payment or allowance of a false, fictitious, or fraudulent claim for […]
June 10, 2019 Healthcare Fraud

What is Cost Report Fraud?

Cost report fraud occurs when nursing homes, hospitals, and other healthcare providers for patient care falsely submit claims to the government for reimbursement. Medicare Part A healthcare providers that are paid under the fee-for-service based system can abuse federal government funding by: Inflating their patient care costs; Seeking reimbursement from […]
June 5, 2019 Healthcare Fraud

What is Phantom Billing?

Medicare fraud broadly refers to any individual, company or corporation who acts intentionally to steal money from the federal government. “Phantom billing” is a specific kind of Medicare fraud, as well as the most common. Phantom billing occurs when healthcare providers submit claims for reimbursement to the government for services […]
June 4, 2019 News

Berger Montague Named a 2019 “Elite Trial Lawyers” Finalist in Four Practice Areas by The National Law Journal

Berger Montague is proud to announce that the Firm has been named a 2019 “Elite Trial Lawyers” finalist by The National Law Journal in four areas of law – Antitrust, Consumer Protection, Pharmaceutical Litigation, and Product Liability. The winners for each category will be announced at the Elite Trial Lawyers Awards Reception on July 18, 2019, at Lotte New York Palace in New York City.
June 3, 2019 News

Berger Montague Sponsors Local Middle School in National Liberty Museum’s Young Heroes Outreach Program

For the 2018-2019 school year, Berger Montague sponsored southwest Philadelphia’s Tilden Middle School so students could participate in the National Liberty Museum’s Young Heroes Outreach Program (“YHOP”), a year-long civics and leadership education program for grades 4-8. The program culminated at the Young Heroes Impact Celebration on May 30, 2019 at Temple University.
June 3, 2019 False Claims Act Information

What is an Organizational Relator?

Under the False Claims Act (“FCA”), an organizational relator is a person with knowledge – typically a current or former employee – of a company involved in defrauding the federal government. The FCA incentivizes relators to come forward and report fraudulent activity by enabling the relator to claim a portion […]
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