Author Archives: Site Administrator
Rabin Kammerer Johnson Announces $1.1 Million Qui Tam Settlement
Rabin Kammerer Johnson announces the settlement of a qui tam case against Florida Pain Medicine Associates, Inc. and its owners Dr. Bart Gatz, Dr. Alexis Renta and Dr. Albert Rodriguez. Florida Pain Medicine Associates, Inc. is a pain clinic located in Palm Beach County, Florida. Our law firm, along with co-counsel Bruce Reinhart of… Read More »
Are “Conspiracy Theories” Viable in Civil Cases?
We’re all familiar with the phrase “conspiracy theory” from the movies and John Grisham novels. We also know that such theories are commonly used in federal and state criminal courts to allege a host of jointly committed crimes. But do conspiracy theories apply in civil cases? Yes, in fact, a specific cause of action for civil… Read More »
What Records is a Member Entitled to Obtain from an LLC Under the Florida Revised LLC Act?
On January 1, 2015, the Florida Revised Limited Liability Company Act (“Revised Act”) became effective in Florida. Under section 605.0410 of the Revised Act, an LLC is required to keep, and a member is permitted to inspect and copy, the following records: A current list of the full names and known business, residence and… Read More »
Does the False Claims Act Apply to State and Local Governments?
State and local governments receive millions in federal dollars each year. I was asked recently whether a state or local government committing fraud through a false claim or certification could be held liable under the False Claims Act. In other words, can you sue a state or local government under the False Claims Act?… Read More »
Procurement Fraud: When the Government Doesn’t Get What it Bargained For
The federal government buys or “procures” billions of dollars’ worth of products and services each year – everything from oranges to office supplies, trucks to telephones, bridges to building equipment, automotive repair to aircraft carriers, and computer support to cleaning supplies. As one of the largest buyers of goods and services in the world,… Read More »
Unanimous Member Consent Required to Amend an Operating Agreement
Since January 1, 2015, the Florida Revised LLC Act (“Revised Act”), Chapter 605, Florida Statutes, governs all limited liability companies organized under the laws of Florida. § 605.1108(2), Fla. Stat. In a “manager-managed” LLC, “a matter relating to the activities and affairs of the company is decided exclusively by . . . the managers,… Read More »
What is the Stark Law, and Why Does it Matter?
The Stark Law is a provision of the Social Security Act that prohibits physicians from making certain kinds of referrals for health services. Specifically, it bars a physician from referring a patient to another Medicare or Medicaid provider for “designated health services,” if the physician or a family member has a financial relationship with… Read More »
What Rights Do Members in an LLC Have That an Operating Agreement Cannot Eliminate or Alter?
Under the Florida Revised LLC Act (“Revised Act”), members in an LLC have certain key rights that an operating agreement cannot eliminate or alter. In contrast, members maintain certain rights that an LLC operating agreement can eliminate or alter unless it would be “manifestly unreasonable” to do so. Here is a summary of these… Read More »
What is Online Defamation and What Are Its Most Common Forms?
The two types of online defamation are libel and slander. Libel is defamation in writing and slander is oral defamation. Both libel and slander may occur online. Libel typically occurs through defamatory online postings, articles, comments, or reviews. Slander may occur through the uploading of defamatory videos and audio files. Because the internet now… Read More »
Hospice Fraud Targets the Weak
Just like other types of Medicare fraud, hospice fraud is growing. Hospice is a program that provides care and support for terminally ill patients and their caregivers. According to the U.S. Department of Health and Human Services (DHHS), in 2013, 1.3 million Medicare beneficiaries received hospice care. Because Medicare pays generous hospice benefits for… Read More »