On April 2, 2021, Pamela S. Karlan, the Principal Deputy Assistant Attorney General for Civil Rights at the U.S. Department of Justice Civil Rights Division (DOJ), issued a public statement regarding the Division’s intent to lead a coordinated civil rights response to the Coronavirus (COVID-19) pandemic. The statement, which attached a resource guide, is intended to assist Federal agencies, state and local governments, and recipients of Federal funds, including healthcare providers, in addressing ongoing civil rights challenges related to the COVID-19 pandemic.

The statement advised healthcare providers and long-term care facilities (LTCs), among other entities, that the DOJ intends to “vigorously enforce Federal civil rights,” and that civil rights obligations still apply during emergencies like the COVID-19 pandemic. The statement addressed the need to combat disability discrimination by ensuring that all people with disabilities have equal access to healthcare. The statement cited to the Americans with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act (Section 504) and the need for healthcare providers to comply with these laws “when making decisions about who will receive medical care, including vaccines and hospital beds.” Furthermore, the statement discussed that providers must comply with disability laws when “crafting and implementing policies such as crisis standards of care, visitation rules, and vaccine distribution plans.”

Genstar Capital has announced it has closed its latest fund — Genstar Capital Partners X — with $10.2 billion in total commitments.

The fund reached its hard cap and was oversubscribed, the firm reported.

Genstar also announced that it raised committed overage capacity of $1.5 billion from select limited partners for Genstar’s Opportunities Fund X. This fund…

On April 1, 2021, the U.S. Supreme Court issued its long-awaited opinion in Facebook v. Duguid, which resolved a circuit split regarding the meaning of “automatic telephone dialing system” (autodialer or ATDS) under the Telephone Consumer Protection Act (TCPA). In a decision authored by Justice Sonia Sotomayor, the court adopted the narrow, pro-defendant definition of autodialer.

Aurora Capital Partners has announced it has acquired Curtis Bay Medical Waste Services from Summer Street Capital Partners.

Curtis Bay Medical Waste Services, based in Baltimore, is a provider of medical waste collection, treatment and disposal services. Founded in 1991, the company operates several autoclaves, a hauling network comprised of a company truck fleet…

In a December 2020 article, we highlighted in this blog the amendment of Federal Rule of Criminal Procedure 5(f) in the new Due Process Protections Act (“DPPA” or “the Act”). The Act requires federal courts to enter a Brady order at the outset of all criminal cases and may prompt courts to enter orders setting specific disclosure rules, making it easier to hold prosecutors in contempt for violating such orders. In the five months since the Act went into effect, Courts have varied in their implementation of Rule 5(f), suggesting that discovery orders under the new rule will vary based on the leanings of each particular judge, district, or circuit, and the requirements of each individual case. To date, some courts have decided to succinctly recite the language of Rule 5(f) in their initial orders, essentially reminding the prosecution of its pre-existing discovery obligations. Others are taking a more expansive view in implementing the revised rule, issuing specific and detailed orders addressing the timing, order, and scope of the prosecution’s discovery obligations.

EHC Aspen Properties, LLC v. CCUR Holdings, Inc., et al. was filed in the Superior Court of California for Orange County on March 15, 2021, asserting that the Defendants coerced Plaintiff into investing in an aircraft financing Ponzi scheme.

Plaintiff is limited liability company in California managed by Luis Serrano.  The defendants are three entities—CCUR Holdings, Inc., CCUR Aviation Finance, LLC, and JDS1, LLC—and an individual, Igor Volshteyn.

While the spread of COVID-19 may finally be slowing, government enforcement of pandemic-related fraud is not. It is surging. And that may explain why you are hearing from the government more than usual, or will soon.

The U.S. Department of Justice (DOJ) announced last week that it has now charged nearly 500 defendants with crimes involving COVID-19 related fraud, warning that its coordinated enforcement efforts are moving at an “unprecedented pace and tempo.”

“The Department of Justice has led an historic enforcement initiative to detect and disrupt COVID-19 related fraud schemes,” said Attorney General Merrick B. Garland. “The impact of the department’s work to date sends a clear and unmistakable message to those who would exploit a national emergency to steal taxpayer-funded resources from vulnerable individuals and small businesses.”

Northlane Capital Partners (NCP) has announced it has completed an investment in Empower Community Care.

Empower, based in Atlanta, is a behavioral health organization that distributes evidence-based programs and technologies. The company provides services in 45 states and 17 countries. Empower is the parent company of MST Services, Orbis Partners and Evidence Based Associates.…

Last month, the Eleventh Circuit upheld the conviction and 11-year prison sentence of a physician-Medical Director of two substance abuse treatment centers in Florida who was convicted by a jury of participating in a conspiracy to commit healthcare fraud.  On appeal, Arman Abovyan, a board-certified internal medicine physician, challenged his convictions based on insufficiency of…

WindRose Health Investors is leading an investor group selling myNEXUS to health benefits company Anthem, according to a news release.

myNEXUS, based in Brentwood, Tenn., manages home-based nursing services for payors. The company states that it delivers integrated clinical support services for approximately 1.7 million Medicare Advantage members across 20 states.

WindRose, which…