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August 15, 2018
General
What Pennsylvania Laws Protect Whistleblowers?
The broadest whistleblower protection comes, appropriately enough, from a statute known as the Pennsylvania Whistleblowers Act. 43 P.S. §§1421 et seq. In pertinent part, the statute provides that: “No employer may discharge, threaten or otherwise discriminate or retaliate against an employee regarding the employee’s compensation, terms, conditions, location or privileges of […]
August 14, 2018
General
Remuneration Under the Anti-Kickback Statute Includes Intangible Economic Benefits
The Anti-Kickback Statute (“AKS”) prohibits anyone from: “solicit[ing] or receiv[ing] any remuneration (including any kickback, bribe, or rebate) directly or indirectly, overtly or covertly, in cash or in kind . . . in return for referring an individual to a person for the furnishing . . . of any item […]
August 13, 2018
News
Berger Montague Moves to Philadelphia High-Rise, Announces Firm Rebrand
After nearly 50 years at its historic brownstone on Locust Street, Berger Montague has moved its office headquarters to 1818 Market Street. The firm now occupies the building’s entire 36th floor and a portion of the 35th floor—more than 40,000 square feet in total.
August 8, 2018
General
Home Healthcare Fraud and the False Claims Act
Home healthcare is a vital service that many Americans rely on. Unfortunately, because of some aspects of the delivery system for home healthcare, and because the patients who receive home healthcare services may be the targets of unscrupulous providers, there is the potential for fraud in home healthcare. Examples of […]
August 6, 2018
General
Pennsylvania Supreme Court Decision Upholds Damages for Emotional Distress for Whistleblower
In a unanimous decision strongly supporting whistleblowers and recognizing the public interest that they serve, the Pennsylvania Supreme Court confirmed that an employee terminated for reporting suspicious activities by a government sub-contractor could recover non-economic damages – essentially, damages for emotional distress – in addition to economic damages for loss […]
August 3, 2018
General
Use of Hospital-Employed Non-Physician Providers by Private Physicians May Violate the Anti-Kickback Statute
The Anti-Kickback Statute (“AKS”) prohibits any person or entity from offering, making, soliciting, or accepting remuneration, in cash or in kind, directly or indirectly, to induce or reward any person for purchasing, ordering, or recommending or arranging for the purchasing or ordering of federally-funded medical goods or services. Whoever knowingly […]
July 31, 2018
General
Michigan Medicaid False Claims Act
The Michigan Medicaid False Claims Act encourages individuals with information related to Medicaid fraud being perpetrated against the State of Michigan to file a lawsuit on behalf of the State and share in any recovery. Michigan Medicaid False Claims Act Liability As the name implies, the Michigan Medicaid False Claims […]
July 30, 2018
General
National Whistleblower Appreciation Day: Why We Practice Qui Tam Law
In honor of National Whistleblower Appreciation Day, which takes place on July 30, we asked some of our Whistleblower, Qui Tam & False Claims Act Practice Group attorneys why they practice qui tam law. Each of their reasons and motivations is unique, but there is a common theme throughout all […]
July 26, 2018
News
Berger Montague Named a 2018 Elite Trial Lawyers Finalist
Berger Montague is proud to announce that the firm has been named a 2018 Elite Trial Lawyers finalist by The National Law Journal in four areas of law—Environmental Protection, Pharmaceutical Litigation, Privacy/Data Breach, and Racial Discrimination.
July 26, 2018
General
Philadelphia False Claims Ordinance
Although – or perhaps because – Pennsylvania does not have a state False Claims Act, both the City of Philadelphia and Allegheny County (encompassing Pittsburgh) have municipal ordinances that address false claims. False Claims Ordinance, Phila. Mun. Code §§ 19-3601, et seq.; Allegheny CountyCode of Ordinances § 485-1, et seq. This post will […]
July 24, 2018
News
Long-Running Drywall Price-Fixing Lawsuit Settles for More Than $190 Million
Berger Montague is pleased to announce that on July 17, 2018, Judge Michael M. Baylson of the U.S. District Court for the Eastern District of Pennsylvania issued an order approving the last of the settlements in the long-running case In re Domestic Drywall Antitrust Litigation. This latest settlement brings the total amount of settlements for the class to over $190 million.
July 24, 2018
General
What is a False Claim?
Liability under the federal False Claims Act occurs where someone (a person or a corporate entity): (1) knowingly presents (or causes to be presented) a false or fraudulent claim to the Federal Government for payment; (2) knowingly makes, uses, or causes to be made or used, a false record or statement material […]
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