McDermott Will & Emery

Firm/Organization: McDermott Will & Emery

Blogs: Alcohol Law Advisor, Antitrust Alert, Corporate Deal Source, Employee Benefits Blog, Energy Business Law, FCA Update, Inside SALT, Of Digital Interest

Latest Articles

Employee Benefits Blog

2017 Farewell (Or, What Am I Forgetting This Year-End?)

By McDermott Will & Emery

October 25, 2017

With only two months left in the year, it’s time to make sure your-end tickler list is complete! Join us for a roundtable discussion with McDermott partners Judith Wethall, Finn Pressly, Andrew Liazos, Diane Morgenthaler and Jeff Holdvogt which will cover the employee benefit issues you’ll need to cross off your list before Year’s Eve. Register here. Date Friday, November 3, 2017 Time 10:00 – 10:45 am PDT 11:00 – 11:45 am…

Employee Benefits Blog

Fridays with Benefits — Open Enrollment: Last Minute Check-Up

By McDermott Will & Emery

September 28, 2017

Anxious about open enrollment? Join McDermott lawyers Judith Wethall and Finn Pressly for a rundown of the top 10 issues to watch as you prepare for the 2018 plan year, including mandatory notices, electronic disclosure, and trends in ERISA litigation. Register Here Date Friday October 6, 2017 Time 10:00 am – 10:40 am PDT 11:00 am – 11:40 am MDT 12:00 pm – 12:40 pm CDT 1:00 pm – 1:40 pm EDT Mark your calendars…

Inside SALT

Republican Leaders Release Tax Reform Framework

By McDermott Will & Emery

September 28, 2017

The White House and Republican congressional leadership released an outline this week to guide forthcoming legislation on tax reform. This outline will serve as a useful framework in structuring what will be an active, and likely contentious, phase of reform activity. Continue reading.…

Inside SALT

Finishing SALT: Inside SALT’s Monthly Recap

By McDermott Will & Emery

July 11, 2017

Wrapping Up June Our June 2017 blog posts are available on insidesalt.com, or read each article by clicking on the titles below. To receive the latest on state and local tax news and commentary directly in your inbox as they are posted, click here to subscribe to our email list. June 5, 2017: Nexus is Crucial, Complex Connection for State Tax Professionals June 6, 2017: Substitute Alert – Delaware Technical Corrections Bill June 8, 2017: …

Inside SALT

Finishing SALT: InsideSALT’s Monthly Recap

By McDermott Will & Emery

May 31, 2017

Wrapping Up May – and Looking Forward to June Our May 2017 blog posts are available on our Inside SALT blog, or read each article by clicking on the titles below. To receive the latest on state and local tax news and commentary directly in your inbox as they are posted, fill out the form on the right to subscribe to our email list. May 16, 2017: Illinois Department of Revenue Affirms Cloud-Based Services …

FCA Update

Court Dismisses FCA Case against AseraCare, Holding that Difference of Medical Opinion Insufficient to Establish Falsity

By McDermott Will & Emery

April 4, 2016

After granting a new trial based on error in a jury instruction and sua sponte re-opening summary judgment, on March 31, 2016, the U.S. District Court for the Northern District of Alabama granted summary judgment to AseraCare on all remaining counts in U.S. ex rel. Paradies v. AseraCare, Inc. The outcome is significant because it confirms that mere difference of clinical judgment—here, regarding conditions for a medical certification of hospice eligibility—is not enough to show…

FCA Update

Opening Brief Filed Before Fifth Circuit in Appeal of Largest False Claims Act Judgment

By McDermott Will & Emery

March 30, 2016

Trinity Industries filed its appeal brief before the U.S. Court of Appeals for the Fifth Circuit in U.S. ex rel. Harman v. Trinity Industries on March 21, 2016, appealing “the largest judgment in the 150-year history of the False Claims Act.” In its appeal brief, Trinity argues that the relator’s case failed every element of the False Claims Act (FCA), including materiality, falsity, scienter and false claim. According to Trinity, the applicable regulatory agency, the…

FCA Update

Seventh Circuit Finds Public Disclosure Bar Precludes Jurisdiction in CTA Case

By McDermott Will & Emery

March 8, 2016

In a February 29, 2016, decision, the U.S. Court of Appeals for the Seventh Circuit held that the public disclosure bar precluded a relator, a government watchdog agency, from successfully bringing a False Claims Act (FCA) suit against the Chicago Transit Authority (CTA). Cause of Action v. Chicago Transit Authority, No. 15-1143, 2016 U.S. App. Lexis 3628 (7th Cir., Feb. 29, 2016). The Seventh Circuit found that the activity underlying the alleged fraud (misreporting transportation…

FCA Update

When a Bar is Not a Bar: First Circuit Denies En Banc Rehearing of First-To-File Bar Ruling

By McDermott Will & Emery

January 28, 2016

After a First Circuit Court of Appeals panel restored a relator’s False Claims Act (FCA) suit against PharMerica, a long-term care pharmacy, the First Circuit denied the company’s petition for rehearing and rehearing en banc on Monday, January 25, 2016 in U.S. ex rel. Gadbois v. PharMerica Corp. As a result, the relator will have another day in district court to pursue his allegations that the company submitted false Medicare and Medicaid claims by seeking reimbursement…

FCA Update

Government’s Case Dismissed Due to Inability to Allege False Claims With Particularity

By McDermott Will & Emery

January 26, 2016

The United States District Court for the Middle District of Florida recently dismissed the government’s False Claims Act case against Liberty Ambulance Service, Inc. for failure to plead its claims with sufficient particularity. The court in United States ex rel. Pelletier, No. 3:11-cv-00587 (M.D. Fla. Jan. 7, 2016), held that while the government’s allegations plausibly gave rise to relief on its claim that the defendant defrauded the government by falsifying reports of ambulance services provided,…

McDermott Will & Emery

2017 Farewell (Or, What Am I Forgetting This Year-End?)

Fridays with Benefits — Open Enrollment: Last Minute Check-Up

Republican Leaders Release Tax Reform Framework

Finishing SALT: Inside SALT’s Monthly Recap

Finishing SALT: InsideSALT’s Monthly Recap

Court Dismisses FCA Case against AseraCare, Holding that Difference of Medical Opinion Insufficient to Establish Falsity

Opening Brief Filed Before Fifth Circuit in Appeal of Largest False Claims Act Judgment

Seventh Circuit Finds Public Disclosure Bar Precludes Jurisdiction in CTA Case

When a Bar is Not a Bar: First Circuit Denies En Banc Rehearing of First-To-File Bar Ruling

Government’s Case Dismissed Due to Inability to Allege False Claims With Particularity

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