Recent News - Compliance, Investigations & White Collar


Kaiser Comments on Escobar Case for Law360
June 20, 2018 | Compliance Investigations & White Collar | Health Services
Jeff Kaiser provided his perspective for the article, “Attys Reflect On Escobar’s Impact 2 Years Later.” According to Jeff, “While there is general agreement that Escobar intended a holistic approach in deciding materiality, interesting issues have arisen regarding what types of evidence are relevant in making this determination. For instance, is the government’s decision to decline …
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Troisi, Korman, Mascia and Bholan Secure Important Appellate Victory
June 4, 2018 | Appeals | Insurance Coverage
Rivkin Radler secured a victory in the first appellate case to interpret Insurance Law § 3408(c) since a 2014 amendment. Under Insurance Law § 3408(c), a property insurer or an insured can demand that appraisers selected by the parties decide disagreements over the “amount of the loss.” Typically, insurers argue that an appraisal is confined …
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Ullman Quoted in NutrIngredients-USA
May 18, 2018 | Health Services
Marc Ullman was quoted in a NutrIngredients-USA article, “Some Shady Ingredients Find Home in Nootropics Category.” The article focuses on the fairly new dietary supplement topic, “nootropics” otherwise characterized as “smart drugs.” Ullman says, “I think there is a stigma associated with nootropics. A lot of these ingredients are really old drugs that have been …
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Ullman on Class Action Panel at Dietary Supplements Forum
May 17, 2018 | Compliance Investigations & White Collar
On Wednesday, June 20, 2018, Marc Ullman will speak on a panel at the American Conference Institute’s 6th Annual Legal, Regulatory and Compliance Forum on Dietary Supplements. Entitled, “Coattail Claims: The Latest Influx of Class Action Litigation Impacting Dietary Supplements,” the discussion will cover: Recent class action filings against dietary supplement manufacturers Strategies to minimize …
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Ullman Quoted in Natural Products Insider Article
May 15, 2018 | Compliance Investigations & White Collar | Health Services
Marc Ullman was quoted in a Natural Products Insider article entitled, “CO Hemp Food Bill Passed by Legislature Seeks to Pre-Empt Pharma Lawsuits.” The article addresses a proposed bill in Colorado that will codify into law an existing policy to regulate hemp as a food ingredient. Click here to read the article. …
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Ullman Quoted in Natural Products Insider Article
April 24, 2018 | Health Services | Compliance Investigations & White Collar
Marc Ullman was quoted in a Natural Products Insider article entitled, “FDA Triggered Industry Shift from ‘CBD’ to ‘Hemp Extracts’ in Dietary Supplements.” The article addresses the point that amid the escalating demands for CBD in the United States, many companies are selling “hemp extracts,” a strategy based on regulatory and scientific considerations.” “If you’re …
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Ullman Gives His Perspective on ‘Memory Improvement’ Product
April 19, 2018 | Compliance Investigations & White Collar
Marc Ullman was interviewed for a Nutraingredients-USA article entitled, “FTC Begins Refunding Consumers in False Memory Claims Case.” The article discusses a product named CogniPrin, promoted via radio segments that were created to sound like radio talk shows. Marc noted that using radio ads to promote nutritional products can create compliance issues. “There is a …
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CLE: Defending an FCA Allegation
April 12, 2018 | Health Services | Compliance Investigations & White Collar
On Wednesday, April 25, Rivkin Radler, in conjunction with the Gitenstein Institute for Health Law and Policy, will present “Defending an FCA Allegation: Forewarned Is Forearmed.” The panel will deconstruct real, unsealed False Claims Act cases to reveal how healthcare companies can protect themselves against allegations of fraudulent medical billing practices. Rivkin Radler attorneys Brian …
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Bank, Kaiser & Queenan Present FCA Defense Seminar
April 5, 2018 | Compliance Investigations & White Collar | Health Services
Geoffrey Kaiser and John Queenan will be joined by Paul Kaufman, VP of Northwell Health’s Office of Legal Affairs, and Patrick Pilch, the head of BDO’s healthcare advisory practice, to present “Defending an FCA Allegation: Forewarned is Forearmed.” The panel discussion will be moderated by Rivkin Radler partner Brian Bank. The presentation, co-sponsored by the Gitenstein …
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Ullman Quoted in NutraIngredients-USA
April 3, 2018 | Health Services | Compliance Investigations & White Collar
Marc Ullman was quoted in a NutraIngredients-USA article entitled, “CRN says more enforcement should go with FDA’s plan to step up package screenings.” The article discusses the FDA’s challenges in monitoring the large influx of packages being brought into the country. Marc notes another recurring issue that FDA needs to address, “Along with the increased …
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Ullman Quoted on DOJ’s Request to Turn Down Amarin Appeal
March 29, 2018 | Health Services | Compliance Investigations & White Collar
Marc Ullman was quoted in a NutraIngredients-USA article entitled, “Department of Justice joins chorus asking court to turn down Amarin appeal.” The article discusses the Department of Justice’s request for the federal appeals court not to rule in favor of the drug maker’s attempt to force the International Trade Commission (ITC) to hear its plea that …
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Ullman an Instructor at Dietary Supplement GMP Compliance Seminar
March 28, 2018 | Compliance Investigations & White Collar
Marc Ullman will be an instructor at the Dietary Supplement Good Manufacturing Practices (GMP) Compliance Seminar, which takes place on April 4-5, 2018 in Denver, Co. At this seminar you will learn the requirements of the final rule and understand how they differ from the proposed rule that was published in March 2003.  You will …
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Kutner Weighs In on Cigna-Express Scripts Merger
March 15, 2018 | Corporate | Health Services
Chris Kutner shared his perspective with HealthLeaders Media on the planned merger of Cigna with pharmacy benefit manager Express Scripts. His comments are informed both by his work at Rivkin Radler and his experience as general counsel at Vytra. Click here to read the article. …
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Ullman Speaks on Broken NDI Process
March 13, 2018 | Health Services | Compliance Investigations & White Collar
Marc Ullman, a regular presenter at SupplySide East, the East Coast’s large ingredients trade show, will again weigh in at this year’s show. On Tuesday, April 10, in New York City, he will  present on the topic, “25 Years after DSHEA & the NDI Process Still Broken.” Marc will discuss how, 25 years and two …
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Ullman Quoted in Article on Pre-Market NDIs
February 23, 2018 | Health Services | Compliance Investigations & White Collar
Marc Ullman was quoted in a Natural Products Insider article entitled, “Basic Omissions Doom Many Dietary Supplement Ingredient Notices to FDA.” The article discusses why the FDA objected to the majority of pre-market notifications for new dietary ingredients (NDIs) in 2017. Marc notes, “It isn’t a surprise when you submit an incomplete form to anyone that …
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Rivkin Radler Welcomes Four New Attorneys
February 14, 2018 | Corporate | Insurance Fraud | General Liability | Construction | Complex Torts & Product Liability | Real Estate, Zoning & Land Use
Uniondale, New York – February 14, 2018 – Evan H. Krinick, Managing Partner of Rivkin Radler LLP, has welcomed four new attorneys, Christina M. Bezas, David I. Gise, Robert C. Kern Jr. and Amanda S. Reynolds to the firm. Christina M. Bezas, of Long Beach, N.Y., is an Associate in the Insurance Fraud Practice Group. …
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Shapiro Quoted in Project Nosh
February 8, 2018 | Compliance Investigations & White Collar | Health Services
Steven Shapiro was interviewed for an article entitled, “3 Takeaways for Brands Amid Changes at FDA,” by Project NOSH, an online media outlet of BevNET.com. Project NOSH covers the world of entrepreneurial packaged food companies and services that are emerging and expanding rapidly due to interest in Natural, Organic, Sustainable and Healthy (NOSH) products and …
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Bushwack and Lampert Contribute to USLAW Compendium
January 31, 2018
Jacqueline Bushwack and Matthew Lampert were contributors to USLAW’s National Compendium of Law for the State of New York, a resource that gives users access to common and statutory law regarding a variety of procedural and litigation-oriented issues. The National Compendium addresses issues that arise prior to the commencement of litigation through trial and on …
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U.N.-Affiliated Initiative Gets an Assist from Rivkin Radler
December 12, 2017 | Shari Claire Lewis | Marc S. Ullman | Steven Shapiro | Nancy A. Del Pizzo | Compliance Investigations & White Collar | Health Services | Intellectual Property
The Island Women Open Network (IWON), created by the Sustainable Energy and Climate Resilience Initiative in partnership with the United Nations Industrial Development Organization (UNIDO), signed an agreement engaging Rivkin Radler LLP for legal assistance. IWON’s main objective is to empower women and children at the grassroots level to transform the sustainable-energy sector of Small …
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Shapiro to Speak at New York Health Forum
November 28, 2017 | Compliance Investigations & White Collar | Health Services
On December 6, Steven Shapiro will join a panel at the 8th annual New York Health Forum entitled, “Building a Right Platform: Key Legal Issues of the U.S. Beauty Industry.” Steven will speak about how pending legislation could greatly increase the Food & Drug Administration’s cosmetics regulation. For information and to register for the Forum, …
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Queenan Attends Annual Capital Holiday Lights in the Park Fundraiser
November 20, 2017
On Friday November 17, 2017, John Queenan, a board member of the Albany Police Athletic League League (PAL), attended the opening night of Capital Holiday Lights in the Park on Washington Park, the border of which Rivkin Radler’s Albany office sits. The opening night is a sponsor only attendance night and marks the official start …
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Queenan Presents at Albany Law School’s Recent Graduate CLE Program
November 17, 2017
On November 17, John Queenan presented at Albany Law School’s “Recent Graduate CLE Program” held on the law school campus. John presented on the topics of  “Factual Investigation Through Witness Interviews” and “Selection and Interviews of Experts”.  Sponsored by the National Alumni Association (NAA) of Albany Law School , the CLE program provides 16 free CLE …
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Ullman Quoted in Natural Products Insider
November 7, 2017 | Health Services
Marc Ullman was interviewed for an article in Natural Products Insider entitled, “Hemp Lawyer: FDA CBD Warning Letters Shouldn’t Alarm Industry.” The article centers on the FDA’s intolerance of claims that CBD-containing foods and dietary supplements treat diseases such as cancer. The FDA advised that  CBD (cannabidiol) cannot be sold in dietary supplements, or added to …
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Rivkin Radler Presents Panel Program, “Defending a False Claims Act Allegation”
October 24, 2017 | Compliance Investigations & White Collar
On Thursday, November 16, Rivkin Radler will present a panel program entitled, Defending an FCA Allegation: Forewarned Is Forearmed. Moderated by Brian Bank, the panel will deconstruct real, unsealed False Claims Act cases. Panelists include Rivkin Radler partners Robert Iseman and Geoffrey Kaiser, Paul Kaufman of Northwell Health and BDO’s Patrick Pilch. CLE credits are available. …
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Queenan and Bernstein Present at Employment First Conference in Albany
October 18, 2017 | Employment & Labor
John Queenan and Dan Bernstein presented on the topic “Disability in the Workplace: Protections under Federal and State Law” at the Employment First conference hosted by Our Ability and New York Business Leadership Network on Wednesday, October 18, 2017 in Albany.  Our Ability is the only disability owned and operated business dedicated to building employment …
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Shapiro and Ullman Quoted in Natural Products Insider
October 17, 2017 | Compliance Investigations & White Collar
Steven Shapiro and Marc Ullman were interviewed for a story in Natural Products Insider entitled, “FDA’s Efforts to Develop Pre-DSHEA List Face Mounting Skepticism.” The article discusses how sources in the dietary supplements industry doubt whether the FDA’s plan to build a list of “old” dietary ingredients is feasible. To read the article, click here. …
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Ullman Quoted in NutraIngredients-USA
September 21, 2017 | Compliance Investigations & White Collar
Marc Ullman weighed in on a story in NutraIngredients-USA.com entitled, “Amarin’s ITC case against omega-3s players decried as attempt to corner EPA market.” The article discusses how, as the concentration levels of omega-3 dietary supplement products have steadily risen, pharmaceutical manufacturer Amarin has moved to protect its competitive turf by filing a trade complaint against …
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Ullman Quoted in Nutraingredients-USA
September 6, 2017 | Compliance Investigations & White Collar
Marc Ullman was interviewed for an article entitled, “ChromaDex-Elysium fight highlights glitches in NDI and GRAS processes.” The article discusses the tussle between ChromaDex and Elysium Health, which highlights the curious dance between a New Dietary Ingredient Notification and a GRAS affirmation as a way to bring ingredients to market. To read the article, click …
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Ullman to Speak at SupplySide West Workshop
August 30, 2017 | Compliance Investigations & White Collar | Health Services
Marc Ullman will participate on a panel for a workshop entitled, “FDA Lawsuits and Class Action Litigation in the Dietary Supplement Industry,” to be held at the SupplySide West annual conference. The September 26 workshop, which will take place at the Mandalay Bay Expo Hall in Las Vegas, will examine the FDA’s years-long court battle …
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Kaiser to Join PLI Panel
August 17, 2017 | Compliance Investigations & White Collar | Health Services
On October 5, Geoffrey Kaiser will participate in a Practising Law Institute (PLI) Enforcement Trends panel at the Institute’s Life Sciences conference. The program, entitled, “Life Sciences 2017: Navigating Legal Challenges in the Drug and Device Industries,” will be held in New York City. For information and registration, click here. …
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Bank Appointed ABA Committee Chair
August 16, 2017 | Employment & Labor | Commercial Litigation | Compliance Investigations & White Collar
Brian Bank has been appointed Chair of the Employment and Labor Litigation Committee of the American Bar Association’s Tort Trial and Insurance Practice Section. …
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Ullman Weighs in on DMAA Ruling
July 28, 2017 | Compliance Investigations & White Collar
Marc Ullman was quoted in Natural Products Insider’s article: “Hi-Tech Files Appeal in DMAA Fight with FDA,” which discusses Hi-Tech Pharmaceuticals Inc.’s quarrel with the federal government regarding the legality of the supplement DMAA, or 1,3-dimethylamylamine. To read the article, click here. …
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Ullman Quoted in Natural Products Insider
July 20, 2017 | Compliance Investigations & White Collar
Marc Ullman was quoted in a July 20, 2017 article entitled, “Executive Sold DMAA Supplements, Sentenced to Prison.” The story centers on the president of a dietary supplement company who was sentenced to an 18-month prison term for failing to disclose the presence the amphetamine derivative DMAA on the product labeling for his company’s supplements. …
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Shapiro to Speak at Dietary Supplements Conference
May 30, 2017 | Compliance Investigations & White Collar
On June 26, Steven Shapiro will speak at the Dietary Supplements conference, a collaboration between the American Conference Institute and the Council for Responsible Nutrition. He will participate on a panel entitled, “FDA Roundup: Rulemaking and Other Activity Impacting the Dietary Supplement Industry,” where he will discuss the new Generally Recognized as Safe (GRAS) Rule and …
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Ullman quoted in Nutritional Outlook
April 24, 2017 | Compliance Investigations & White Collar
Marc Ullman was quoted in an article entitled, “How Will Donald Trump Affect Global Ingredient Sourcing?,” which was published in the April 2017 issue of Nutritional Outlook. Click here to read the article. …
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Shapiro authors article for Nutrition Industry Executive
April 17, 2017 | Compliance Investigations & White Collar | Health Services
Steven Shapiro authored an article for the April 2017 issue of Nutrition Industry Executive.  The article presents a case study in the enforcement of laws prohibiting false and deceptive advertising in connection with the marketing of nutritional supplements. Click here to read the article. …
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Ullman quoted in NUTRA ingredients-usa.com
April 11, 2017 | Compliance Investigations & White Collar | Health Services
Marc Ullman was quoted in an article entitled, “FDA Prevails Over Hi-Tech On DMAA, But Ruling Could Open Door On Synthetic Botanicals,” which was published in the April 2017 issue of NUTRA ingredients-usa.com. Click here to read the article. …
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Ullman Participates in Webinar for the American Herbal Products Association
March 28, 2017 | Compliance Investigations & White Collar
Marc Ullman and a panel of industry lawyers will present a webinar entitled, “Ensuring Your Dietary Supplement Claims are Truthful, Substantiated and Will Help Sell Your Product.” The Federal Trade Commission (FTC) enforces against false, misleading and deceptive advertising. Claims can be misleading if they are not substantiated. Testimonials and social media can trip you …
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Shapiro Quoted in Natural Products Insider
March 22, 2017 | Health Services | Compliance Investigations & White Collar
Steven Shapiro was quoted in a recent Natural Products Insider article entitled, “Vitamin Shoppe, Oregon AG Reach ‘Groundbreaking’ Settlement.” In the article, Shapiro comments on the groundbreaking $545,000 agreement between Vitamin Shoppe Inc. and Oregon Attorney General Ellen Rosenblum. To read the full article, Click Here. …
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Ullman Participates in American Herbal Products Association Webinar
February 14, 2017 | Compliance Investigations & White Collar | Health Services
On March 28, Marc Ullman will be participating in a webinar sponsored by the American Herbal Products Association entitled, “Claims Substantiation – Ensuring Your Dietary Supplement Claims are Truthful, Substantiated and Will Help Sell Your Product.”  The webinar will address legal standards, today’s regulatory environment and the lawsuit risks and liabilities marketers face if claims …
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Ullman quoted in NUTRAingredients-usa.com
February 2, 2017 | Compliance Investigations & White Collar | Health Services
Marc Ullman was quoted in a NUTRAingredients-usa.com article entitled, “Trump’s Executive Order Could Upend Current Regulatory Structure, Experts Say.” Pres. Trump’s executive order requiring new regulations to be offset by the elimination of existing ones could wreak havoc with the pending roll-out of long awaited rules, such as the NDI draft guidance, observers say. Click …
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Rivkin Radler Elects 6 New Partners
January 1, 2017 | Insurance Fraud | Intellectual Property | Insurance Coverage | General Liability | Directors & Officers Liability | Privacy, Data & Cyber Law | Professional Liability | Compliance Investigations & White Collar
Evan H. Krinick, Managing Partner of Rivkin Radler LLP, is pleased to announce that Avigael Fyman, Ryan Goldberg, Matthew Lampert, Robert Maloney, Sean McAloon and Frank Misiti have been elected Partners. “These attorneys are exceptionally talented, and we are proud to call them our partners.  In addition to their impressive legal accomplishments, they are active …
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Ullman Quoted in Nutritional Outlook
December 23, 2016 | Compliance Investigations & White Collar | Health Services
Marc Ullman was quoted in a Nutritional Outlook Magazine article entitled, “GNC’s Department of Justice Deal is a ‘Fair Deal,’ One Expert Says.” The titular expert, Ullman shared his view on GNC’s non-prosecution agreement with the DOJ: “I think GNC was lucky they weren’t prosecuted,” adding, “When you read between the lines, there was the …
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Bank Named to LIBN’s 40 Under 40
November 16, 2016 | Compliance Investigations & White Collar | Commercial Litigation | Employment & Labor
Rivkin Radler Partner, Brian L. Bank, has been named to Long Island Business News’ 40 Under 40 list. Since 1998, Long Island Business News has been honoring future leaders of Long Island under 40 years old who have already begun to distinguish themselves in business, government, education and the not-for-profit sector. Brian was selected because of …
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Ullman Quoted in NUTRAingredients-usa.com
November 15, 2016 | Compliance Investigations & White Collar | Health Services
Marc Ullman was recently quoted in the NUTRAingredients-usa.com article entitled, “Linnea May Quit the US Entirely if FDA Takes Action Against Vinpocetine.” To read the full article, Click Here. …
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3 Rivkin Radler Attorneys Receive Leadership in Law Awards
November 1, 2016 | Privacy, Data & Cyber Law | Professional Liability | Trusts & Estates | Compliance Investigations & White Collar | Directors & Officers Liability | Health Services
Rivkin Radler is proud to announce that Christopher J. Kutner, Albert W. Petraglia and Avigael C. Fyman have received Long Island Business News’ Leadership in Law Award, in the categories of Partner, Counsel and Associate, respectively.  This honor recognizes individuals who demonstrate dedication, hard work, skill, tenacity and excellence, as well as leadership qualities in both …
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Ullman to Present at Dietary Supplement GMP Compliance Training Seminar
October 19, 2016 | Compliance Investigations & White Collar | Health Services
Marc Ullman will be an instructor at the upcoming Dietary Supplement GMP Compliance Training Seminar in Salt Lake City, UT, October 25-26, 2016, presented by EAS. At the GMP seminar you will: Learn the requirements of the final Rule and understand how they differ from the proposed rule that was published in March 2003. Receive detailed …
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Ullman Quoted in Article for Nutritional Outlook
October 19, 2016 | Health Services | Compliance Investigations & White Collar
Marc Ullman was quoted in a recent Nutritional Outlook article entitled, “Will Hemp CBD’s Regulatory Controversy Help or Hurt Its Future as a Supplement Ingredient?” To read the full article, Click Here. …
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Gershenoff presents at the Annual New Jersey Special Investigators Seminar
October 18, 2016 | Commercial Litigation | Insurance Fraud | Compliance Investigations & White Collar
Max Gershenoff presented at the Annual New Jersey Special Investigators Association Seminar in Atlantic City.  The presentation, entitled “Building a Case From a Claims File”, focused on the importance file analysis at the claims level and the wealth of information readily available to claims representatives to identify billing/medical treatment fraud.    …
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Rivkin Radler Attorneys Named As 2016 New York Metro Super Lawyers
October 11, 2016 | Professional Liability | Real Estate, Zoning & Land Use | Compliance Investigations & White Collar | Appeals | Bankruptcy | Commercial Litigation | Construction | Health Services | Insurance Coverage
UNIONDALE, NY – Rivkin Radler LLP is pleased to announce that twenty attorneys were named to the 2016 New York Metro Super Lawyers List and five attorneys were named as New York Metro Rising Stars. Being named a Super Lawyer is a tremendous honor reserved for only the top 5% of all lawyers in a …
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