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DMCA's 'Anti-Circumvention' Provisions Spark Experts' Criticism
Civil-liberties and privacy experts who gathered to discuss "why there's so much fuss" over the anti-circumvention provisions of the Digital Millennium Copyright Act criticized the provision as being both troubling and inconsistent.The Changing Landscape of Medicaid Fraud Compliance
Linda A. Malek, a member of Moses & Singer, and Sam Servello, an associate at the firm, write that exclusion from participation in federal health care programs due to a finding of fraud, as well as significant civil penalties, can have a devastating impact. Providers are well advised to be vigilant with respect to their compliance programs in the emerging environment of enhanced fraud detection and stronger enforcement.N.J. Enacts Legislation Affecting Licensure, Ownership of ASCs
The bill further amends the Codey law prohibition on referral of patients by a physician to an entity in which he has a significant beneficial interest by carving out certain criteria that will exempt the physician from this restriction.Resolving Disputes When the Hospital and HMO Disagree
In the event that an HMO and a hospital disagree over the terms of a contract, questions arise as to how the dispute between the two entities should be resolved. In many cases, the contract between the HMO and the hospital sets out specific dispute resolution provisions, such as binding arbitration. In some cases, the contract is silent, suggesting that a state law breach of contract claim may be the proper avenue to resolve the contract dispute.Reed Smith Holds Back Partner Pay for Legacy Firm's Nonequity Rank
Legacy Richards Butler salaried partners at Reed Smith are to have 20 percent of their annual pay held back at the start of next year, as part of a package of measures designed to tie them into the firm and bill more quickly. The salaried partners will be paid the final portion of their remuneration at the end of the year. "Since we introduced this system we have improved our performance in terms of getting bills collected," says partner Michael Pollack. But the move has been criticized by other partners.Phila. Judge Awards Man $5 Mil. Over Business Dispute
A Philadelphia Common Pleas judge has awarded nearly $5 million in damages to the shareholder of two corporations who sued his former business partner alleging breach of fiduciary duty and diversion of corporate opportunity, among other claims.U.S. Government Weighs in on Medicare Part D Whistleblower Suit
The U.S. government has filed a statement of interest in a whistleblower suit alleging fraud from one of the largest private contractors for the multibillion-dollar Medicare Part D program, arguing the suit should not be dismissed.Exception to rule allows employees to sue in tort
When an employer procures workers' compensation insurance, that employer becomes immune from tort suit for employee injuries incurred within the scope of employment. Instead, the employee's only recourse is to file a claim for workers' comp benefits.Eight More U.K. Top 30 Firms Size Up Legal Outsourcing Moves
Some of London's leading law firms are considering outsourcing legal work as increasing numbers of firms look to cut costs by using external providers. Linklaters, SJ Berwin, Freshfields Bruckhaus Deringer and CMS Cameron McKenna are among the eight. Camerons and SJ Berwin have yet to identify which areas they would like to outsource, while Linklaters is considering sending some document review, due diligence, contract development and legal research functions to an outside provider.Trending Stories
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