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DOJ Continues Action against Medicare Advantage Plans, Showing Increased Focus on Intersection of the FCA and Managed Care
  • McDermott Will & Emery
  • USA
  • April 19 2018

Last year, DOJ intervened in United States ex rel. Poehling v. UnitedHealth Group., Inc. (C.D. Cal.). In this case, DOJ alleged FCA violations


DOJ Leadership Reaffirms Expanded Enforcement of the FCA to Combat Opioid Epidemic
  • McDermott Will & Emery
  • USA
  • April 19 2018

In his March 2018 confirmation hearing, President Trump's nominee to head DOJ's Civil Division, Joseph "Jody" Hunt, signaled that DOJ would continue


San Francisco Health Care Security Ordinance Annual Reporting Due April 30
  • McDermott Will & Emery
  • USA
  • April 19 2018

If an employer has employees in San Francisco and is subject to the Health Care Security Ordinance (HCSO), the employer must submit its 2017 Annual


Guidance Memoranda Continue to Be Used by DOJ Leadership to Endorse Enforcement Priorities and Protocols
  • McDermott Will & Emery
  • USA
  • April 19 2018

DOJ has long used guidance memoranda to reflect enforcement priorities and provide specific guidance to its prosecutors. This remains true in the


DOJ Maintains Focus on FCA Enforcement against Individuals
  • McDermott Will & Emery
  • USA
  • April 19 2018

In September 2015, DOJ issued the well-known "Yates Memo" (named for then-Deputy Attorney General Sally Yates), which focuses on individual


New Mexico Administrative Hearings Office Issues Timely Opinion Regarding State Taxation of Subpart F Income and Dividends from Foreign Affiliates
  • McDermott Will & Emery
  • USA
  • April 19 2018

Earlier this month, the New Mexico Administrative Hearings Office issued an opinion that addressed the questions on the minds of many state tax


Private Equity Sponsor Named as FCA Defendant
  • McDermott Will & Emery
  • USA
  • April 19 2018

DOJ also made news in February 2018 when it named a private equity firm as a co-defendant in United States ex rel. Medrano and Lopez v. Diabetic Care


Courts Continue to Interpret Escobar Favorably for FCA Defendants
  • McDermott Will & Emery
  • USA
  • April 19 2018

Over the past 18 months, we have closely monitored the Trump administration’s approach to health care enforcement issues, with a particular focus on


Oregon Bars Use of Three Factor Apportionment Formula
  • McDermott Will & Emery
  • USA
  • April 18 2018

In Health Net Inc. v. Dep’t of Revenue, the Oregon Supreme Court rejected a business taxpayer’s constitutional challenges to a 1993 Oregon statute


National Taxpayer Advocate Reminds Congress of IRS Deficiencies
  • McDermott Will & Emery
  • USA
  • April 18 2018

On April 17, 2018, the Taxpayer Advocate, Nina E. Olson, testified before a Congressional Oversight Committee regarding on-going challenges to the