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April 2014 Archives

Excessive Record Keeping Costs Cause Breach Of Fiduciary Duty Lawsuit

Corporate 401K plan investment and administrative committee members allowed record keeping costs to climb to $21+ million. Participants in the plan sued for breach of fiduciary duty.

U.S. Appeals Court Affirms Judgment Against 401(k) Plan Fiduciaries for Excessive Record-keeping Fees

4/7/2014. By McCarter & English, LLP

2013 Health Care Fraud and Abuse Recoveries Exceed $4 Billion Dollars

Pharmaceutical companies and medical device manufacturers among those paying large settlements under the False Claims Act

Original article, April 1 2014. By Kristin Graham Koehler and Monica C. Groat via On February 26, 2014, the Departments of Justice and Health and Human services released the annual Health Care Fraud and Abuse Control Program report (HCFAC Report). A copy of the report is available here. In fiscal year 2013, the government recovered $4.3 billion through its health care fraud prevention and enforcement efforts, up from the $4.2 billion that was recovered in fiscal year 2012. The government also entered into many significant False Claims Act (FCA) settlements with healthcare companies and providers; nearly $325 million of the $4.3 billion recovered was paid to qui tam relators. Several of the significant recoveries involving pharmaceutical and device manufacturers, hospitals, physicians, and other healthcare companies are highlighted in the report. According to the report, the Justice Department opened 1,083 new civil health care fraud investigations in fiscal year 2013, suggesting that FCA actions will continue to represent a significant percentage of the government's healthcare fraud enforcement activity. Additional information regarding the recent HCFAC report, including reports from prior fiscal years, is available here.

Can a Court's Error Affect a Malpractice Case?

In some circumstances and underlying cause can relive a legal malpractice case. In the particular case the Court itself became a primary player in the outcome. 

Trial court's error constituted an intervening cause of Plaintiff's claimed damages

March 26 2014.Written by Terrence P. McAvoy and Katherine G. Schnake Hinshaw & Culbertson via lexoloy.comBrief Summary

Audit Committee Takes No Action, SEC Finds Fraud

If you sit on an audit committee and something is flagged for your attention and review, you must take appropriate action. Doing nothing may be seen as committing fraud.

Audit committee member charged with fraud for disregarding red flags


March 27 2014 . By Linda L. Griggs and Sean M. Donahue of Morgan Lewis & Bockius LLP via

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