CAS Legal Mailbag Question of the Week – 2/21/2018 Originally appeared in the CAS Weekly Newsletter. Written by attorney Thomas B. Mooney. Dear Legal Mailbag: I don’t dare ask her, but I think that one of the teachers in my school has “histrionic personality disorder,” which DSM V describes as “a pervasive pattern of excessive emotionality and attention seeking, beginning by early adulthood and present in a variety of contexts.” The latest manifestation was her response to a student’s exuberantly waving his arms in class. View Full Post
3 Essential Facts about Bylaws As a parliamentarian, I’ve witnessed the confusion: Everybody’s cool with meetings and procedure until someone references the mysterious organizational “bylaws.” Instead of feeling comforted by this governing document, people suddenly realize they’ve never read the bylaws, can’t find them anywhere at headquarters or on the laptop of the last secretary, and have no earthly idea how they apply. View Full Post
In U.S. ex rel. Poehling v. UnitedHealth Group, Inc., the U.S. District Court for the Central District of California partially granted UnitedHealth’s motion to dismiss the government’s FCA claims, which were based on the allegation that UnitedHealth’s attestations as to the truth and accuracy of the risk adjustment data submitted were false because the district court found that the government had failed to plead the attestations were material to the payment decision, as required by the Supreme Court’s decision in  Escobar. View Full Post
This Post at a Glance: Company made false statements related to import duty charges Investigation initiated by whistleblower complaint from company’s competitor Trump Administration likely to impose more anti-dumping duties On February 6, 2018, the Department of Justice (DOJ) announced that Home Furnishings Resource Group Inc. View Full Post
Register Now for Data Privacy for Public and Charter Schools: What Lies Ahead Join Shipman & Goodwin attorneys Benjamin FrazziniKendrick and William RobertsChristopher Wardrop, Senior V.P. Public Entity Practice of USI Insurance Services LLC; and Douglas Casey, Executive Director for the CT State Commission for Educational Technology (CET) for this informative program about data privacy for public and charter schools. View Full Post
Special Education “Clean Up” from ED:  Trump Administration Rescinds 72 Special Education Guidance Documents On October 20, 2017, the Office of Special Education and Rehabilitation Services (OSERS) within the U.S. Department of Education rescinded 72 education policy guidance documents.  Sixty-three of the documents are from the Office of Special Education Programs (OSEP), which administers the Individuals with Disabilities Education Act (IDEA) and provides guidance to states and local governments on how to provide free and appropriate public education to children with disabilities.  View Full Post
On January 31, 2018, the Department of Defense (“DoD” or the “Department”) published a final rule regarding commercial item purchasing requirements.  Among other key amendments, the final rule modifies the Defense Federal Acquisition Regulation Supplement (“DFARS”) by:  (i) formalizing a presumption of commerciality for items that DoD previously treated as commercial; (ii) providing commercial item treatment to goods and services offered by nontraditional defense contractors; and (iii) prioritizing the types of information that the contracting officer (“CO”) can consider when determining price reasonableness in the absence of adequate competition. View Full Post