No Post Hoc Justification for Submitting False Claims

Posted on December 14, 2023Categories Fraud & Abuse

On June 1, 2023, in a unanimous opinion, the United States Supreme Court ruled in United States et al. ex rel. Schutte et al. v. Supervalu Inc. et al. and United States et al. ex rel. Proctor v. Safe-way, Inc. that the scienter element of the False Claims Act (FCA) refers to a defendant’s knowledge and subjective beliefs. Supervalu and Safeway knew they were charging government health insurance programs more for prescription drugs than what they usually and customarily charging regular customers, in violation of the FCA.

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Growing Pains are on the Rise for the Expanding Landscape of IoT

Posted on November 5, 2023Categories Uncategorized

Connectivity has become our way of life. For Apple users, iPhones, MacBooks, iPads, and Apple Watches are interconnected with one touch. For Android enthusiasts, Samsung has developed the ‘SmartThings’ app, enabling users to seamlessly control Smart TVs, monitors, and refrigerators from one device. With the proliferation of ‘Smart Home’ technology, products are being integrated into our everyday lives like no other. Whether it be Google Home products like Google Nest thermostats or the Ring Home Security System – we are able to save energy and protect our most valuable possessions from any device no matter its operating system. Nevertheless, from a B2B standpoint, IoT provides businesses the opportunity understand predictive maintenance of their devices, optimize supply chains, and develop stronger customer relationships.

Therefore, the evidence is clear from industry-to-industry: the benefits of IoT are abundant. But what exactly does IoT entail, and what compliance guidelines are in place to protect consumer use? As the landscape expands and new products enter the market, organizations are tasked with developing innovative compliance solutions for an equally contemporary technology platform.
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Regulatory Implications of the FTC’s Proposed Ban on Noncompete Clauses

Posted on November 4, 2023Categories Uncategorized

The landscape of post-termination benefits and rights for employees is continuously evolving. In recent developments, the Federal Trade Commission (FTC) has proposed a rule that could significantly change the dynamics of the job market by seeking to ban noncompete clauses. This proposal impacts businesses and employees and intersects with other regulatory frameworks, calling for an integrated perspective on its implications.
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AI Copyright Conundrum: An Evolving Legal Landscape

Posted on November 3, 2023Categories Artificial Intelligence, Intellectual Property

The objective of copyright law is to protect certain rights of a human author. But what happens when a nonhuman author creates something that is original, fixed, and has a minimal degree of creativity? Well, in the wild case of Naruto v. Slater, animals cannot have copyright protection in a “Monkey selfie.” As the technological world advances, the latest dispute that has everyone going bananas is AI and copyright protection. The Copyright Office will not register works “produced by a machine or mere mechanical process” such that there is no creative input from a human author because this kind of protection goes against the objective of copyright law.
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Playing Hardball: MLB’s Antitrust Immunity Goes into Extra Innings

Posted on November 2, 2023Categories Antitrust

Major League Baseball’s (MLB) century-long immunity from antitrust law may soon come to an end depending on the Supreme Court’s ruling in the pending Tri-City ValleyCats, Inc. v. Office of the Commissioner of Baseball. The petitioners, a pair of minor league baseball teams, are seeking to overrule years of precedent that allow the league to function as both a monopsonist (only buyer in the market) and monopolist (only seller in a market) given its unique control over the professional baseball market. While other professional sports leagues are subject to competition laws, MLB is uniquely positioned to have complete control over licensing, geographic exclusivity for teams, broadcasting, and salaries.  Unsurprisingly, MLB’s unrestricted control of the multibillion-dollar professional baseball market has raised concerns about the continued exemptions.
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The Battle Over the Endangered Species Act: Reversing Trump-era Changes and Protecting Imperiled Wildlife

Posted on November 1, 2023Categories Environmental

On January 20, 2021, his first day in office, President Biden passed Executive Order 13990, directing all executive departments and agencies to “immediately review” existing regulations, orders, policies, etc. that were “promulgated, issued, or adopted” by the previous administration between January 20, 2017 and January 20, 2021 and identify those that are or may be inconsistent with “important national objectives” regarding protecting public health, the environment, and restoring science. The order further directs agency heads to review such policies and consider whether to take any agency actions to fully restore and enforce important national objectives. A key focus of this order was to strengthen and fully enforce the Endangered Species Act, emphasizing the importance of conservation efforts and wildlife protection.

AI Nancy Drew, Is That You?

Posted on November 1, 2023Categories Healthcare Compliance

The United States spends more money per person on health care than any other country, approximately $4.2 trillion in 2021. Unfortunately, our complex health care system and the large budget make fraud a significant concern for the U.S. Government, payers, and patients. The National Healthcare Anti-Fraud Association estimates that as much as 10% of annual healthcare spending is lost to scams, resulting in billions in losses yearly. To combat healthcare fraud, the Department of Health and Human Services Office of the Inspector General, in collaboration with state law enforcement and other governmental agencies has created special Strike Forces. These efforts have led to substantial recoveries of federal funds and criminal/civil prosecution of individuals or entities involved in Medicare and Medicaid fraud. Besides avoiding unnecessary or fraudulent claims, individual healthcare payers are motivated to prevent fraud due to severe penalties associated with the False Claims Act, Anti-Kickback Statute, Physician Self-Referral Law (Stark Law), and Civil Monetary Penalties Law. How can individual payers detect and try to prevent fraud? The answer is AI.
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The Legal Rights of Rite Aid’s Creditors

Posted on October 31, 2023Categories Bankruptcy

Tomer D. Elkayam Associate Editor Loyola University Chicago School of Law, JD 2024 In the midst of a lawsuit brought by the Department of Justice (“DOJ”), Rite Aid Corporation announced it had filed for Chapter 11 Bankruptcy protection after agreeing with creditors on a financial restructuring plan. Rite Aid, one of the “big three” pharmaceutical …
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Who has ownership rights to AI generated content?

Posted on October 29, 2023Categories Uncategorized

ChatGPT, like other generative AI technology, relies on what it’s “fed” when “spitting out” responses or data. For example, if ChatGPT briefs a case for a law student, this is because someone inputs all the relevant information into ChatGPT at an earlier time. If someone asks ChatGPT to brief that same case and another case in one response; the software would take the one case’s information from the place it was provided, and combines it with the information found in the other place where the second case was found. All in all, ChatGPT is limited in response to what it has been “told” at an earlier time. Think something like a Parrot. Parrots are well known as a species of bird that can repeat the sounds and words that someone says in their vicinity.

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