Coronavirus and Telecommuting

In response to the Coronavirus (COVID-19) pandemic, the U.S. Centers for Disease Control and Prevention (“CDC”) encouraged employers to consider implementing telecommuting practices to reduce the risk of infection among their workforce.[1] Those employers who implement telecommuting practices should ensure they have an updated, relevant, written telecommuting agreement in place.  A strong telecommuting agreement will…

Employer Update: New Form I-9 (Employment Eligibility Verification)

On January 31, 2020, the U.S. Citizenship and Immigration Services (“USCIS”) published a new edition of Form I-9, the Employment Eligibility Verification (the “New Form I-9”). See USCIS, Announcements: What’s New, USCIS I-9 Central (Jan. 31, 2020) (available at USCIS ). Although the changes to Form I-9 are relatively minor, all employers must use the…

U.S. Supreme Court Clarifies Statute of Limitations in False Claims Act Cases

On May 13, 2019, the Supreme Court decided Cochise Consultancy, Inc. v. United States ex rel. Hunt, No. 18-315.  The case has implications for all individuals and entities contracting with the government, including all health care providers who submit claims to the government for payment (e.g., Medicare, Medicaid, and other Federal healthcare programs).  As explained…

Hidden Risks for LLC Members Under the New Arizona Limited Liability Company Act

If you are a member or manager of an Arizona limited liability company (or professional limited liability company), your obligations may be significantly expanded under a law that begins to take effect as early as August of 2019.  This article summarizes the impact of the new law relating to fiduciary duties of members and managers,…

Physician Criminally Convicted for HIPAA Violation

On April 30th, 2018, Dr. Rita Luthra was convicted of violating the HIPAA Privacy Rule and of obstruction of a criminal health care investigation.  A federal jury found that Dr. Luthra allowed a pharmaceutical sales representative to access her patient records and lied to federal investigators. Criminal charges under the federal Anti-Kickback Statute (“AKS”) were…