Media Mentions
2008
Michael W. Peregrine was quoted in the August 29 issue of BNA's Health Care Daily Report in an article regarding the U.S. Department of Justice's revisions to its corporate charging guidelines, which will have particular relevance for health care organizations being investigated by federal prosecutors. While the new privilege policy is significant, Mr. Peregrine said health care organizations should pay special attention to the discussion in the guidance on the role of effective corporate compliance programs in prosecutors' decisions to prosecute health care-related cases. Mr. Peregrine also said that changes announced by DOJ are "excellent reminders that the attorney-client privilege, when properly applied, remains a valuable concept."
Michael W. Peregrine, Corporate Responsibility, Health, Health Care Litigation, Trial
McDermott Will & Emery was mentioned in the July 2008 issue of DTC Insights – DTC Forecast in an article summarizing McDermott's recent White Paper on Merck settling the Vioxx Litigation with State Attorneys General.
Arnold I. Friede, Elizabeth I. Hack, Robert B. Nicholas, Paul W. Radensky M.D., T. Reed Stephens, Health, Health Care Litigation, Life Sciences - Health
Phyllis Kupferstein was quoted in the January 2008 issue of Workforce Management Online in an article regarding health issues in the hiring process. "Recruiters should be wary of any situation where a candidate provides health information in case there is a later charge that the information colored the offer decision," Ms. Kupferstein said. She notes that when faced with coverage questions without full information during the hiring process, "Recruiters should be very general in any discussion of the health plan and defer any questions to the post-offer phase."
Phyllis Kupferstein, Employee Benefits & Pensions, Health Care Litigation, HR & Employment Litigation
2007
Jeffrey J. Bushofsky was mentioned in an October 25 article published by The Chicago Tribune regarding civil lawsuits against several chains of MRI facilities accused of involvement in kickback schemes. Illinois Attorney General Lisa Madigan's office plans to refile five cases with additional information in response to Cook County Circuit Court Judge Peter Flynn's request for more factual detail against defendants. Mr. Bushofsky represents Central States Imaging and Nydic. He recently reached a favorable settlement with the government on behalf of Central States Imaging, as mentioned in the article.
Jeffrey J. Bushofsky, Health, Health Care Litigation, Trial
Monte Dube was quoted in the June 29 issue of Modern Healthcare regarding Richard Scrushy, former HealthSouth Corporation CEO, being sentenced for over seven years and ordered to pay $50,000 in fines for paying former Alabama Gov. Don Siegelman to obtain a seat on the state certificate-of-need board for a HealthSouth representative. “In some states, CON has long had a reputation for being a political/regulatory cesspool. The message generally is when you jump in, you better play by the rules or be prepared to pay the price,” Mr. Dube said.
Monte I. Dube, Health, Health Care Litigation, Reimbursement/Fraud & Abuse
Steven E. Siff and Justin B. Uhlemann were mentioned in the April 4 issue of Mealey's Managed Care Liability Report in an article regarding a health insurance policy benefits clause that was challenged as unenforceable in the Florida Court of Appeals. McDermott represented Blue Cross and Blue Shield of Florida Inc. in this notable victory.
Steven E. Siff PC, Justin B. Uhlemann, Appellate, Health Care Litigation, Trial
2005
Monte Dube was quoted in the August issue of Chicago Lawyer in the article "2005 Practice Group Survey: Health care law sees only growth as industry expands." Mr. Dube said, "To be a general business lawyer, while important, won't help you understand an industry that is very arcane and has very special rules for how you do business, how you make deals, and how and whether you'll be paid."
Monte I. Dube, Health, Health - General Counsel, Health - M&A, Health Care Litigation, Health Ventures/Physician Transactions
Russ Hayman was quoted in the June 13 issue of the National Law Journal in regard to corporate integrity agreements negotiated with the U.S. Department of Health and Human Services' office of the inspector general as a common form of corporation probation.
Russell Hayman, Health, Health Care Litigation, Trial
Russ Hayman was quoted in the March 14 issue of Report on Medicare Compliance. In the article entitled "Nursing Home Was Sold Before Conviction," he commented on the government wielding multiple enforcement weapons at a wayward facility. Mr. Hayman stated, "It's just a question of how much the authorities want to pile on." The standard for proving a crime is the hardest to meet. He continued, "if that's met, they can pile on civil penalties and administrative penalties."
Russell Hayman, Health, Health Care Litigation, Trial
2004
Michael Peregrine was quoted in the July 15 issue ofBNA's Health Law Reporter in an article regarding the effects of Blakely v. Washington on the health care industry and corporate compliance guidelines. Mr. Peregrine doubted that there would be a lasting impact on the health care industry because "the value of an effective corporate compliance program goes well beyond providing a basis for a criminal sentence reduction, so it is hard to imagine a corporation abandoning efforts to revise its programs based on this development."
Michael W. Peregrine, Health, Health Care Litigation, Trial
Ankur Goel was quoted in the July 15 issue of BNA's Health Law Reporter in an article regarding the effects of Blakely v. Washington on the health care industry and corporate compliance guidelines. According to Mr. Goel, regardless of how Blakely affects sentencing guidelines, health care providers "still have a lot of incentives" to design and implement an effective compliance program. "At this point the underpinnings of compliance and compliance program guidance come from several places," Mr. Goel said.