Geoffrey R. Kaiser’s article, “Government Dismissal under the False Claims Act: Policy Change or Much Ado About Nothing?” was published in Westlaw Journal White Collar Crime in the March 2018 issue.

Click here to read the article.

Ian Linker was published in Mealey’s Litigation Reports: ERISA and Disability, in a commentary piece entitled, “Preemption Is Preemption. Or Is It? A Recent Fifth Circuit Decision Sheds Light on the Differences between Conflict and Complete ERISA Preemption.”

Click here to read article.

Ian Linker has published an article in FC&S Legal entitled, “To Thine Own Plan Be True: Burdens of Proof and Standards of Review Under Attack in ERISA – Benefits Litigation.”

Click here to read article.

Luck, both good and bad, is a theme persistent throughout the month of March.  There’s St. Patrick’s Day and the luck of the Irish.  There’s the cautionary warning “Beware the Ides of March.”  And for college basketball fans, it’s the key ingredient to winning the March Madness office pool.

And it just so happens that

Stuart Gordon and Matthew Spero’s article, “A Potentially Momentous Decision: Second Circuit Explains How to Calculate Chapter 11 Cramdown Interest Rate,” was published in the March 2018 issue of Pratt’s Journal of Bankruptcy Law.

The article discusses the long-awaited decision by the U.S. Court of Appeals for the Second Circuit that may make it more

The federal Anti-Kickback Statute contains a statutory exception or “safe harbor” providing that the AKS will not apply to “any amount paid by an employer to an employee (who has a bona fide employment relationship with such employer) for employment in the provision of covered items or services.” 42 U.S.C. 1320a-7b(b)(3)(B) (emphasis added). Similarly, the parallel regulatory exception states

Fifth Circuit Holds ERISA Preempts Plaintiff’s Claims under State Law, and Plaintiff’s Claim for Equitable Relief Fails as a Matter of Law

The plaintiff in this case sought to recover life insurance benefits under  an employee welfare benefit plan governed by the Employee Retirement Income Security Act of 1974 (ERISA). Her deceased husband had been

Disability Policy Had to Provide Same Benefits for Mental Illness as for Physical Injury, Montana Federal Court Decides

The plaintiff in this case worked as a claims adjuster for Farmers Group, Inc. After she became disabled due to her bipolar disorder, she applied for long-term disability benefits under the company’s group disability income plan, issued

After a policyholder submits a claim to an insurance company, the insurer investigates to determine whether to pay the claim, as the insurer is permitted to do under its insurance policy. On occasion, after an insurer has begun to investigate a claim, it may come to believe that the claim is fraudulent, or at least

Auto Policy Covers Suit Alleging Passenger Tripped After Bus Arrived At Location, First Department Says 

After a bus arrived at its destination, the driver unloaded the luggage. A passenger allegedly tripped while looking for her suitcase and sued the bus company. The Appellate Division, First Department, held that the bus company was entitled to a

Effective April 1, 2018, employers in New Jersey will no longer be able to use an employment contract to obtain rights to an employee’s inventions. Exceptions included in the legislation are whether the inventions (a) relate “to the employer’s business or actual or demonstrably anticipated research or development,” or (b) result “from any work performed

The H-1B visa program has come under intense public scrutiny over the last year. In response to perceived abuses in the H-1B program, President Trump issued the “Buy American, Hire American” executive order, which directed the Department of Homeland Security (DHS) to advance policies to help ensure H-1B visas are awarded to only the most-skilled

On February 9, 2018, Congress passed the Bipartisan Budget Act of 2018, providing a two-year budget agreement that increases federal spending, funds disaster relief efforts, and amends a number of healthcare programs, among a host of other changes.

While the Act has broad implications for many aspects of U.S. law, one amendment in particular should

Governor Andrew Cuomo has signed a new law, known as “Lavern’s Law,” that extends the amount of time a patient has to file a medical malpractice claim for a missed cancer or malignant tumor diagnosis. Patients now have 2 1/2 years to file a claim from the date the misdiagnosis is discovered by the patient,

Alan Rutkin’s article entitled, “Cyber Health,” has been published in the February 2018 issue of Best’s Review magazine. The article shows how most cyber coverage cases concern one or more of the following issues:  authority, causation, act and injury – ACAI.

Click here to read the article.

Best’s Review:  February 2018. Copyrighted A.M. Best Company,