Recent Publications - Compliance, Investigations & White Collar


Blue Bell Creameries Pleads Guilty to 2015 Listeria Outbreak, Former CEO Charged
May 5, 2020 | Compliance, Investigations & White Collar | Commercial Litigation

The United States Department of Justice (DOJ) announced that it had reached an agreement with Blue Bell Creameries of Brenham, Texas, to permit the company to plead guilty to two misdemeanor counts of distributing adulterated ice cream in violation of the federal Food Drug and Cosmetic Act and pay a criminal fine and forfeiture amount

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Healthcare Providers Receive ‘Helicopter Money’ with Strings Attached
April 27, 2020 | Compliance, Investigations & White Collar | Health Services

In 1969, noted economist Milton Friedman coined the term “helicopter money” to describe the monetary policy of injecting liquidity into the market, much like dropping money to people from helicopters, as an alternative to quantitative easing. The CARES Act, popularly referred to as the Provider Relief Fund is a “helicopter” that dropped a lot of

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Ullman Published in Nutrition Industry Executive
April 27, 2020 | Compliance, Investigations & White Collar | Health Services

Marc Ullman published an article in Nutrition Industry Executive entitled, “The ABH Nature’s Products Recall – Lessons for Own Label Distributors.”

Click here to read the article.

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Little COVID-19 Relief for Facilities and Providers Subject to Justice Center Actions
April 23, 2020 | Compliance, Investigations & White Collar | Health Services

Although Executive Order 202.10 gave health care providers some immunity for COVID-19 related care, this immunity does not extend to actions by the Justice Center for the Protection of People with Special Needs (“Justice Center”). A provider or facility could be prosecuted for allegations of abuse or neglect by the Justice Center for actions taken

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Recent Commercial Division Decision Highlights That Sometimes Less Is More
April 16, 2020 | Commercial Litigation

A recent decision by New York County Commercial Division Justice, the Hon. Barry Ostrager, gave litigants a reminder of the preference that New York courts have for reasonable non-solicitation and confidentiality clauses that do not include covenants not to compete.

In King v. Marsh & McLennan Agency, LLC, 2020 NY Slip Op 50370(U) (Sup. Ct.

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Law360: Tenn. Hospital Bankruptcy May Be the First of Many
April 16, 2020 | Bankruptcy | Health Services

Jim Lagios, Bob Iseman and Stu Gordon wrote an article for Law360 regarding the impact of coronavirus on the financial well-being of hospitals and health systems. To read the article, click on the link below.

Tenn. Hospital Bankruptcy May Be The First Of Many

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Coronavirus and Statutes of Limitations in New York: A Lingering Effect?
April 14, 2020 | Commercial Litigation

We’ve all heard the COVID-19 pandemic described as “unprecedented.” Governor Cuomo’s Executive Order 202.8 and its treatment of time limitations (including statutes of limitations), may also be unprecedented.

Executive Order 202.8 was issued on March 20, 2020. It states that “any specific time limit for the commencement, filing, or service of any legal action, notice,

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FTC and FCC Take Joint Action to Stop COVID-19 Scam Robocalls
April 8, 2020 | Compliance, Investigations & White Collar

On April 3, 2020 the Federal Trade Commission (FTC) and the Federal Communication Commission (FCC) announced that they had issued Warning Letters to VoIP providers: SIPJoin, Connexum and VoIP Terminator d/b/a BLMarketing. According to the letters, investigations have revealed that the companies transmitted calls offering fraudulent COVID-19 home testing kits or claiming that HVAC cleaning

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New York Courts Expand Virtual Operations To Non-Essential Matters.
April 7, 2020 | Commercial Litigation

Update:

On April 8, 2020, Chief Administrative Judge Lawrence Marks issued Administrative Order AO/85/20 to promulgate the procedures and protocols in non-essential matters, which take effect on April 13, 2020. Although the order extends virtual operations to non-essential matters, no new non-essential matters may be filed until further notice. Nor may additional papers be filed

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State Governments Look to Property Insurers for Small Business Relief
April 2, 2020 | Insurance Coverage

The economic realities brought on by the COVID-19 pandemic have forced our government at both the federal and state level to take unprecedented action.  And, despite congressional passage of the Coronavirus Aid, Relief, and Economic Security Act (Cares Act), with its corresponding infusion of $2 trillion into the national economy, governors and other state officials,

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