On February 28, 2023, a federal jury in the District of Minnesota found the Cameron-Ehlen Group, d/b/a Precision Lens, and its founder and owner Paul Ehlen (the “Defendants”) guilty of paying kickbacks to ophthalmic surgeons in violation of the False Claims Act, 31 U.S.C. 3729 (“FCA”) and Federal Anti-Kickback Statute, 42 U.S.C. 1320a-7b(b) (“AKS”) between 2006 and 2015.[1]  This case serves as an excellent example of the risks that medical device manufacturers and distributors incur by not having an effective compliance program that identifies and corrects compliance issues. 

With bank stability and the related stock market rout now dominating the headlines for the first time since the 2008 financial crisis, are financial institutions’ D&O and bankers’ professional liability / E&O (“BPL”) liability policies ready to help backstop coverage, or potentially full of holes?  Coming out of a hard market where insurers carefully and quietly pulled back some policy enhancements over the course of several years, now is the time for financial institutions to review their insurance policies to identify and fill any significant gaps and holes in their executive risk coverages.  The last two weeks demonstrate that financial institutions, as well as their directors and officers, face the risks of receivership, government investigations, securities lawsuits, and personal liability following a bank failure or stock rout in the face of financial stability concerns. 

Trinity Hunt Partners has announced it has acquired Supreme Optimization.

Supreme, founded in 2015, is a digital marketing agency focused on the life sciences industry. Services include web development and design, digital strategy, paid advertising and social media. 

Trinity Hunt, based in Dallas, is a growth-oriented private equity firm that targets small-cap companies…

Federal Student Aid’s Office of Enforcement announced a “secret shoppers” program to evaluate a college or university’s recruitment, enrollment, financial aid and other practices. The secret shoppers program will focus on student recruitment and enrollment practices, which may include the practices of online program managers.

Read on for details about this initiative, including types of…

In the wake of Silvergate’s collapse, Silicon Valley Bank entering receivership and another bank following in SVB’s footsteps, startups and other companies directly affected by these events are struggling to manage their payroll and other obligations while credit facilities are frozen. Although depositors likely will be fully protected and most businesses can expect to avoid…

Patriot Capital has announced it has made a growth capital investment into Turnwell Mental Health Network.

Turnwell, based in Dallas, is an integrated mental health group that operates freestanding outpatient clinics across Arizona and Montana. Services include mental health counseling, primary care, and patient and family education.

Patriot, based in Baltimore, focuses on…

Gauge Capital has announced it has invested in Streamline Healthcare Solutions.

Streamline, based in Oak Brook, Ill., is a provider of electronic health record software primarily serving behavioral health providers and state and local departments of health. Founded in 2003, the company is the developer of the SmartCare platform and serves a range of…

Last week, the U.S. Department of Justice (DOJ) announced that Sweden-based multinational telecommunications company Telefonaktiebolaget LM Ericsson (Ericsson) will plead guilty to breaching the Foreign Corrupt Practices Act (FCPA) and has agreed to pay over $206 million in related penalties following its alleged breach of a 2019 Deferred Prosecution Agreement (DPA) with the Department.

The Centers for Medicare & Medicaid Services recently announced updates to the voluntary self-referral disclosure protocol for reporting and resolving technical violations under the physician self-referral law commonly known as the Stark Law.

Read on for details about these updates, intended to streamline the reporting process and reduce burdens on self-disclosing healthcare providers.