772 items, 20 items per page
- Whistleblower Defense Alert: Defeating a Whistleblower’s Cursory Allegations of Scienter in FCA Cases Involving a Defendant’s Good Faith Interpretation of a Regulation or ContractA recent decision dismissing a whistleblower’s complaint with prejudice is good news for companies facing a False Claims Act (FCA) case that turns on the interpretation of a regulation or contractual provision. In U.S. ex rel. Thompson v. Honeywell Int’l, Inc., Case No. CV 12-2214-JAK (C.D. Cal.), the court articulated a clear and defendant-friendly formulation of the pleading standard for scienter in such cases.
- On June 2, 2014, the Supreme Court issued a unanimous decision in the case of Limelight Networks, Inc. v. Akamai Technologies, Inc. (Case No. 12-786), that will have the immediate impact of limiting liability for inducement to infringe under 35 U.S.C. § 271(b) where no party is liable for direct infringement under §271(a). In at least the short-term future, defendants accused in a patent suit of inducing infringement of a method claim, where no one party has performed or controlled the performance of all steps of the method, should have a solid basis for seeking dismissal of that suit for failure to state a cause of action.
- Whitney Gibson, a partner in the Vorys Cincinnati office and the leader of the firm’s internet defamation practice, authored an article titled “Should you pay bloggers for product reviews?” for PR Daily.
- Whitney Gibson and Jordan Cohen, attorneys in the Vorys Cincinnati office and members of the internet defamation group, authored an article for Hospitality Law360 titled "Hotels Must Be Proactive About Improving Online Reviews."
- Qui tam relators and the Department of Justice continually push the FCA envelope with implied certification cases. A recent case from the District of Massachusetts, U.S. ex rel. Julio Escobar, et al. v. Universal Health Services, Inc., illustrates how FCA plaintiffs try to use this theory to shoehorn non-fraudulent regulatory non-compliances into FCA violations—and how to beat such claims.
- Whitney Gibson, the head of the Vorys internet defamation practice, authored an article for Columbus C.E.O. magazine on the importance of online reputations in the digital age.
- Many companies and businesses want to control the distribution of their products and do not want their products sold by third parties on the internet, especially below retail prices. Vorys Partner Whitney Gibson authored a white paper to help companies learn about strategies they can use to reduce unauthorized sales and ensure safe product distribution.
- Health Care Alert: Sixth Circuit Decision Highlights Importance of Antitrust Considerations in Health Care Consolidation PlanningCapping one of the most significant periods of antitrust enforcement in the history of the health care industry, today the Sixth Circuit delivered its opinion in ProMedica Health System, Inc. vs. Federal Trade Commission (No. 12-3583), denying ProMedica’s petition for review of the Federal Trade Commission’s (FTC) prior order, directing the divestiture of ProMedica’s acquisition of St. Luke’s Hospital in Toledo, Ohio.
- Physicians are vulnerable to reputation attacks for a number of reasons, and false reviews are especially challenging to physicians because of HIPAA restrictions. Unlike, say, a restaurant owner hoping to practice damage control and remedy a customer’s bad experience, a physician obviously cannot register a Yelp account and respond to an angry patient.
- When the New York attorney general’s office cracked down on 19 companies in September for false reviews, it sent a loud and clear message to many businesses. For others, the combined $350,000 in fines may have simply been a wakeup call to get more creative with their deceptive online advertising practices.
- Health Care Alert: Speculation on Potential Fall-Out Begins as CMS Releases Medicare Physician Payment DataOn April 9, 2014, following the release of an injunction against the disclosure of the information, Centers for Medicare and Medicaid Services (CMS) posted all Medicare provider and utilization data (data) on its website.
- It is not uncommon for people to create fake social media profiles of celebrities and other public figures. Unfortunately, some people also imitate non-public figures, often for harassment purposes. This is especially problematic on Facebook, which refers to these accounts as “impostor Timelines.”
- Whistleblower Defense Client Alert: Using Government Witnesses to Obtain Summary Judgment on a Qui Tam Relator’s FCA ClaimsA recent False Claims Act decision serves as an important reminder that although qui tam relators may “stand in the shoes” of the government for purposes of bringing a lawsuit, they are not entitled to substitute their judgment for that of key government decision-makers to avoid summary judgment.
- Thanks to mobile apps such as Secret and Whisper, people can now divulge their deep secrets anonymously, with fewer consequences – the key here being fewer, as there is no absolute guarantee of anonymity.
- As investigators work to recover the data related to Malaysia Airlines Flight 370, we are reminded that the deletion of data discovered through forensic analysis is something that has played a significant role in many of our cases.
- Combating the Sale of Counterfeit Goods Online: Don’t Let Someone Get Away with Selling Knockoffs of Your ProductsTrademark counterfeiting, in general, refers to the placement of a trademark on a product that is not the legitimate product offered by the trademark owner. Meanwhile, the Lanham Act – the U.S. federal trademark statute – defines a counterfeit as “a spurious mark that is identical with, or substantially indistinguishable from a registered mark.”
- For several years now, news outlets have grappled with how to civilize the comments sections on their online articles. Some have chosen the path of requiring users to sign in through their Facebook accounts, while many still permit readers to comment anonymously on their websites.
- Internet Defamation Removal and the Known Defamer: How Knowing the Identity of a Defamer Changes the Court Order TechniqueDefamatory content posted online can significantly harm the reputation of a business or individual, especially when it is listed among top search engine results.
- In a recent decision in a Delaware Chapter 11 case, the court took the unusual step of capping the amount of a secured lender’s loan that could be used in the lender’s credit bid in a Section 363 sale.
- The problem for the individuals upset with TheDirty.com (that want to sue the owner) is that ythe owner is not the speaker of these controversial statements. Rather, other people (members of the so-called “Dirty Army”) submit the content to him directly through his website or via email.