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September 2, 2014
2013 proved to be another record-setting year for False Claims Act lawsuits, the largest of these recoveries related to health care fraud. The Department of Justice (“DOJ”) secured $3.8 billion from False Claims Act settlements and judgments during the 2013 fiscal year.
August 2014
August 7, 2014
August 5, 2014
In the Summer 2014 issue of the West Virginia Banker, Jacob Manning addresses some of the issues that commonly arise with governmentally-mandated standby letters of credit and summarizes what the Institute of International Banking Law & Practice’s Task Force is working to accomplish.
August 2014
August 1, 2014
The Securities and Exchange Commission (“SEC”) just announced modified provisions of the Municipal Continuing Disclosure Cooperation Initiative (“MCDC Initiative”) that extends the self-reporting period for issuers and conduit borrowers until December 1. On July 21, we first alerted you to the to the MCDC Initiative which encourages issuers, conduit borrowers and underwriters to self-report misstatements in offering documents about an issuer’s prior compliance with its continuing disclosure obligations.
July 31, 2014
The United States Supreme Court has weighed in on cell phone privacy and ruled that data is different from other forms of technology. In late June, the Supreme Court issued an opinion: those of David Riley, a California man whose smartphone police officers searched, and Brima Wurie, a Massachusetts man who was carrying an older “flip phone” when he was arrested. Both cases presented the same question: can police search digital information on a cell phone without a warrant when it is seized from someone who has been arrested? According to the Supreme Court, the answer is no. It ruled that digital data stored on cell phones does not present either a risk of imminent physical danger or evidence destruction.
July 25, 2014
As the prevalence of physician extenders continues to grow to meet patient demand, so does their scope of practice. Effective May 20, 2014, Ohio law now permits physician assistants, certified nurse practitioners, clinical nurse specialists, and certified nurse-midwives to admit patients to hospitals. Previously, only licensed physicians, podiatrists and dentists with medical staff privileges were permitted to admit a patient to a hospital.
July 23, 2014
By a published decision released on July 11, 2014, the U.S. Court of Appeals for the Fourth Circuit affirmed a district court decision out of the Western District of Virginia finding that A & G Coal Corporation (“A & G”) could be sued under the federal Clean Water Act’s “citizens suit” provision for discharging a pollutant that is not expressly regulated by its National Pollutant Discharge Elimination System (“NPDES”) permit. (Southern Appalachian Mountain Stewards, et al. v. A & G Coal Corporation- Appeal No. 13-2050).

The case was brought by the Sierra Club and other regional public interest groups as plaintiffs, although the United States was noted as an “amicus” (friend) supporting those groups in the appeal.
July 23, 2014
Two district court orders declaring the federal Environmental Protection Agency acted illegally when it implemented certain permitting procedures for coal mining operations have been vacated by a federal court of appeals.