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GPB CAPITAL LAWSUIT – Investor Fraud Alert – Berger Montague Announces Securities Fraud Investigation Into GPB Capital Holdings

Berger Montague is investigating alleged wrongdoing and potential fraud at GPB Capital Holdings, LLC (“GPB Capital”) and its limited partnership funds, as well as David Gentile, its founder and Chief Executive Officer; and Michael Cohn, its Chief Compliance Officer.

Medicare Would “Likely” Not Pay for Hospice Care for Deceased Patients

If one reads between the lines of a May 7, 2019 opinion from the U.S. Court of Appeals for the Fifth Circuit (covering Texas, Louisiana and Mississippi), it appears that the court comes to the seemingly unremarkable conclusion that Medicare would not intentionally pay for hospice care for patients who […]

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 […]

Morganti & Co. + Retail Investors: Settlement reached with Namaste Technologies, Inc.

(July 25, 2019).  Morganti & Co. is pleased to announce that, on behalf of Canadian and German investors, it has reached a settlement valued at CAD $2.8 million with Namaste Technologies, Inc. to resolve claims that it released investor documents omitting material facts about its divesture of “Dollinger Enterprises US, […]

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.

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.

Alberta’s first statutory open-stock market decision seeks to protect shareholders

(June 24, 2019). The Court of Queen’s Bench of Alberta has released its first decision relating to shareholders’ burden to seek “leave to proceed” with a statutory secondary market (a/k/a, open market purchase) claim against a responsible issuer.  The decision is identified as Stevens v. Ithaca Energy Inc., 2019 ABQB […]

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 […]

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 […]

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 […]

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 […]

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 […]