Publications

On December 15, 2025, the OIG issued Advisory Opinion No. 25-11 dealing extensively with discounts from vendors.  Vendor discounts raise anti-kickback concerns because, on their face, there is remuneration to a customer (in the form of a reduced price or rebate) in exchange for the customer’s purchase of goods or […]

On February 3, 2026, the federal government signed the Consolidated Appropriations Act of 2026 (the “Act”) into law.  Section 6225 of the Act amends the Social Security Act to bring back the mandatory provider-based attestation (“Attestation”) requirements for off-campus outpatient departments (“Departments”) by the end of 2027.  These Attestation requirements […]

Earlier this month, the Financial Crimes Enforcement Network (“FinCEN”) issued an exceptive order (the “Order”) providing relief for financial institutions from the requirement to verify the identity of beneficial owners of legal entities each time the entity opens a new account. Instead of having to verify the identities of beneficial […]

The day after the South Carolina Age-Appropriate Code Design Act (the “Act”) went into effect, NetChoice filed suit challenging the Act, alleging that the law “imposes an unlawful censorship regime that will fundamentally control how websites present speech and information to their users, what speech they present, and how hundreds […]

On February 12, 2026, J. M. Smucker Company (“Smuckers”) filed a complaint[1] against former employee, Paul-Yvann Djamen (“Djamen”), alleging that Djamen violated the federal Defend Trade Secrets Act, 18 U.S.C. § 1836 et seq (“DTSA”); the Ohio Uniform Trade Secrets Act, Ohio Rev. Code § 1333.61 et seq. (“OUTSA”); the […]