A few years ago, I wrote a blog about Uber and the possibilities of paradigm shifts and the new insurance coverages that lay ahead. Today, I am updating you on the major events that may very shortly rock the GIG world economy and change the way we handle worker’s compensation and insurance coverages for these “Service Connect Apps.”

                It is all very dramatic and the stakes, involve millions of dollars. If it were not for the pandemic and the election taking all the oxygen in 24 hour news coverage, I am sure the story playing out in California, month by month, with dynamic twists and turns, would be front and center. Why? It involves public and private sectors, all taking sides, to come to a final answer in the state that essentially launched Uber and paved the way for others, like Instacart, Doordash, and many others to spread their wings. The service industry grew beyond its wildest dreams by demand during the pandemic year. Once the state of California reaches the end of the court and proposition election battle, the nation will have an answer for “rating” their workers as employees, independent contractors or a hybrid.

                First, let me give you a brief summary of the long battle. Although different states have also grappled with the definitions and coverages of these workers, California proceeded through many levels to arrive at this November election. And it is all about the money. Maybe no one imagined how popular these “Apps” would be? Or maybe the states were waiting quietly until the Uber’s of the world showed their huge command of the transport economy? People may not remember way back in New England, where FEDEX fought the fight to keep their drivers as independent contractors. We all know how that turned out. So why did the GIG economy folks not learn? Why not be proactive and propose new hybrids and compromise before the fight occurred? I am not sure, but I think they committed a tactical mistake by not preparing and working out a new form of worker status. Instead they fought, in every jurisdiction, state and country around the world. Whether it was physical fights with cab drivers in France, where the stakes where so high that corruption was alleged in corporate levels, or whether the municipalities of states like Florida battled the service giant on their own, by promulgating regulations within their city limits, no resolution was reached. In Maryland, as I spelled out in the original blog, the Public Service Commission set the agenda. However, the liability issues remained open to interpretation.

                So the stage is set for the November election. I recently was interviewed for a JGL Law podcast and discussed the events in California. First, the state passed A.B.5, basically stating that workers were employees and subject to all taxes, worker’s compensation, and liability unless they met certain exceptions to be independent contractors. The Uber and Lyft companies filed in court to be independent. The lower court ruled against them. However, they bought some time, as they won a stay, pending the Appeals court hearing arguments. They lost again, with the recent Court decision denying any further stay and dramatically ordering employee status be in place within 30 days. Meanwhile all guns are loaded for a massive ad campaign to win at the public opinion level, with Proposition 22 on the ballot. If successful, Uber and Lyft would continue to be able to treat drivers with some form of non-employee status. This situation is as tense as the wild fires that stoke timbers in the state, because the election is on the heels of the denial of the stay. Uber states there is no way that their HR department could ever do such a conversion in such short time frame.

                The most interesting aspect is that even the workers are undecided. Some do not want anything but independent contractor status. Others want employee classification and all the benefits that come with it. Some want a hybrid version with flexibility and some of the benefits. The government of California wants the revenue and argues that these companies have robbed the state by not paying taxes on employees for too many years. Uber states that their platform is unique and the new norm.

Let’s meet back in November.

Trial by Zoom is a technological advance that I would not have anticipated in my career, but here we find ourselves.  In addition to the physical distancing benefits, court appearances by zoom can save time, money (especially from time off work or for childcare), and the cost of attorney travel to & from court. 

However, a court appearance by Zoom is not just something to “show up for” – you need to plan ahead.  Below are some tips to help you do just that:

  1. Look for a court notice or e-mail about whether your court date will be by Zoom, telephone, or in person.  Not every case or type of court date is handled the same way, so check every time.  If none, call the Court to confirm. 

  2. Check out the Judiciary’s resources & tip sheets for basic Zoom and preparation tips:

  1. Make sure your device has Zoom installed and that you have access to a stable internet connection.  Internet problems cause the biggest delays in zoom trials.  Have a backup device (or two) just in case your preferred device doesn’t work.

  2. Audio matters.  Be in a quiet place with complete privacy.  Test the speaker quality on your device.  Consider headphones or participating both by muted video and telephone if that means better audio quality.

  3. Location matters.  If represented by an attorney, discuss in advance where you and the attorney will physically be during the trial.  Consider participating from your attorney’s office, if that means more stable internet and better access to your attorney, and have a plan for your testimony.  Will you testify from the same conference room in which your attorney is located?  Or, from a separate conference room and on a separate device, so you need not wear a mask?  Same applies for witnesses.

If unrepresented, participate from as quiet and private a location as possible.The presence of a witness in the same space can cause problems if not disclosed.If interruptions occur, ask for a break if necessary.Have ready access to your device’s charger and an outlet.

  1. Have an exhibit plan.  You should receive instructions from the Court before your trial about how to submit exhibits in advance.  Every Judge and Magistrate seems to handle this differently.  If possible, have a conference with the Judge or Magistrate before trial to understand whether exhibits used in the courtroom will be hard copy or electronic and whether screensharing will be used or not.  And, have an exhibit contingency plan – paper backup & electronic versions readily available – in case your Judge or Magistrate assignment changes last minute or technology doesn’t cooperate.  Finally, either make sure all exhibits have a unique identifying number (often referred to as a Bates Number) or describe each document very carefully to make sure that what has been marked for identification is the right document.

  2. Despite the conveniences, it’s still a formal trial.  Taking it seriously shows respect and makes a favorable impression on the Judge or Magistrate.  Participating from bed or in pajamas or while eating is not appropriate.

  3. Time limitations.  Because technology problems can eat up valuable trial time, prioritize your important points and evidence, making them first, in case time runs out.

While there’s no such thing as a perfect trial, planning ahead can help make a trial as successful as possible, even when the unexpected occurs.

Since 2002, Lindsay Parvis has represented clients in Maryland custody, divorce, and marital matters. She negotiates, litigates, and advocates for the best interests of her clients, whether in contested litigation, uncontested settlement, or premarital and other agreements. Her clients are not only spouses and parents, but also children whose interests she is appointed by the court to represent in contested custody litigation.  Lindsay strives to improve Maryland law in the General Assembly, volunteering her time to monitor, advocate, and educate about legislative developments in family law.    

For Immediate Release

Contact: Joseph Greenwald & Laake, P.A.

Veronica Nannis; vnannis@jgllaw.com

Jay Holland; jholland@jgllaw.com

Phone: 301-220-2200

WHISTLEBLOWER LAWSUIT AGAINST MEDICAL DEVICE COMPANY SETTLES FOR $18 MILLION AND CONTINUING COMPLIANCE MONITORING

Suit by former compliance officer alleged kickback scheme to pay for physician

advertising and grants to induce their use of company’s products.

 

GREENBELT, MD – October 14, 2020Joseph, Greenwald & Laake, P.A. represents a  former Chief Compliance Officer and whistleblower against a medical device company in a case that settled today with the federal government and numerous participating states for $18 million. The False Claims Act (qui tam) complaint against Utah-based Merit Medical, Inc. alleged an extensive fraud scheme involving unlawful kickbacks to physicians to induce their use of Merit’s devices over those of its competitors. As a result of the whistleblower’s actions, Health and Human Services Office of Inspector General also entered into a five year Corporate Integrity Agreement with Merit related to this case, which requires the company to submit to ongoing compliance monitoring.     

The whistleblower, Dr. Charles Wolf, is a non-practicing medical doctor and an accredited healthcare compliance professional with over 20 years of experience. The complaint recounted how Dr. Wolf reported his concerns about the alleged fraud to Merit’s management during his tenure as its Chief Compliance Officer, all to no avail. Unable to effect change from within, Dr. Wolf resigned from Merit and reported his information to the Department of Justice, which undertook a thorough investigation before deciding to intervene.

The lawsuit was made public on June 12, 2020, after the United States filed its notice of intervention and the Court unsealed the case. On July 9, 2020, the government notified the Court of a resolution, and today the government filed a dismissal of the action and issued its own press release.

The complaint focused on kickback allegations that Merit provided paid advertising, practice support and unrestricted “educational grants” for loyal Merit users in order to influence physicians to use Merit devices. Disguised as educational in nature, the suit claims that, instead, the money paid to physicians was meant to effect and “induce hospitals and physicians to purchase additional equipment, supplies and/or products from Merit” in violation of the Anti-Kickback Statute.  

Federal and state laws prohibit payments of any kind to physicians – including marketing dollars or “educational grants” – to influence physician choice of medical devices. “Prosecuting these cases protects our healthcare system broadly, and patients more specifically. When medical device companies pay something of value to induce physicians to use their devices to the exclusion of others, that can effect independent medical judgment and patient care,” said Veronica Nannis. Nannis and her partner, Jay Holland, represented the whistleblower along with former Assistant United States Attorney, Timothy J. McInnis.

Holland touted the four-year investigation performed by Department of Justice and the U.S. Attorney’s Office in New Jersey and the strong partnership between whistleblower’s counsel and the government. “The government was unwavering in its pursuit of justice here. Its intervention after a long, careful investigation and then its resolution of this case underscores its goal of protecting patients, rooting out fraud and recouping tax dollars,” said Holland.

The case is captioned U.S. ex rel. Wolf v. Merit Medical Systems, Inc., et al., Case No. 2:16-cv-01855-CCC-MF, United States District Court for the District of New Jersey, Newark Division. The Relator is represented by a team of experienced whistleblower attorneys including Jay Holland and Veronica Nannis of Joseph, Greenwald & Laake and Timothy McInnis of McInnis Law. The federal government’s team was led by Chris Terranova, Trial Attorney, U.S. Department of Justice, and Andrew A. Caffrey III, Assistant U.S. Attorney in the Health Care and Government Fraud Unit out of Newark, NJ. A fantastic team from the National Association of Medicaid Control Fraud Units was also invaluable in representing the states’ interests.

Jay Holland is a partner at Joseph, Greenwald & Laake, and is Chair of the Firm’s Labor, Employment and Qui Tam Departments. His False Claims Act cases have resulted in recoveries of over $600 Million for the United States. His recent publications include articles for The National Law Journal, Trial Magazine, DC Trial Lawyer, and the Maryland State Bar Association Employment Law Deskbook.

He can be reached at jholland@jgllaw.com

 

Veronica Nannis is a partner at Joseph, Greenwald & Laake and serves as the Chair of the Firm’s Civil Litigation Department. She litigates qui tam cases and consumer class actions nationwide, typically involving kickbacks and other fraud. A Super Lawyer’s Rising Star in DC and Maryland for several years, she was awarded the MAJ Trial Lawyer of the Year Award in 2011. Past publications include those for Law 360, the ABA Health e-Source, and The Daily Record. She can be reached at vnannis@jgllaw.com

 

 

Joseph, Greenwald and Laake has been representing clients in suburban Maryland and the District of Columbia for almost 50 years. With offices in Greenbelt and Rockville, Maryland, we have lawyers who focus their practices in diverse areas of the law, including employment and whistleblower actions, family law, estates and trusts, civil rights, business planning and commercial litigation, personal injury, medical and professional negligence.

In this episode, Anne Grover & Patrick Dragga answer the following questions and more:

  1. What are the first steps to take when contemplating a divorce?
  2. How accurate are the internet reviews about lawyers?
  3. Should I look for somebody who has experience in individual situation or sub-area? 

JGL LAW FOR YOU brings you up close and personal with our lawyers who will be discussing how to navigate the many legal processes, developments in the law, other current events and how they may affect you.

Joseph, Greenwald and Laake has been representing clients in suburban Maryland and the District of Columbia for almost 50 years. With offices in Greenbelt and Rockville, Maryland, we have lawyers who focus their practices in diverse areas of the law, including employment and whistleblower actions, family law, estates and trusts, civil rights, business planning and commercial litigation, personal injury, medical and professional negligence.

In this episode, Reza Golesorkhi & Christopher Castellano answer the following questions and more: 

  1. What do I bring to the meeting with my lawyer?
  2. Does it matter if you make the most income or not?
  3. How does the client strategize their finances?

JGL LAW FOR YOU brings you up close and personal with our lawyers who will be discussing how to navigate the many legal processes, developments in the law, other current events and how they may affect you.

Joseph, Greenwald and Laake has been representing clients in suburban Maryland and the District of Columbia for almost 50 years. With offices in Greenbelt and Rockville, Maryland, we have lawyers who focus their practices in diverse areas of the law, including employment and whistleblower actions, family law, estates and trusts, civil rights, business planning and commercial litigation, personal injury, medical and professional negligence.

In this episode, Darin Rumer answers the following questions and more: 

  1. What to ask, bring and expect on your first meeting?
  2. What documents to bring with you?
  3. Should clients have questions prepared? And how should they present them?
  4. What questions can the client expect to be asked?  

JGL LAW FOR YOU brings you up close and personal with our lawyers who will be discussing how to navigate the many legal processes, developments in the law, other current events and how they may affect you.

Joseph, Greenwald and Laake has been representing clients in suburban Maryland and the District of Columbia for almost 50 years. With offices in Greenbelt and Rockville, Maryland, we have lawyers who focus their practices in diverse areas of the law, including employment and whistleblower actions, family law, estates and trusts, civil rights, business planning and commercial litigation, personal injury, medical and professional negligence.

In this episode, Debora Fajer-Smith answers the following questions and more:

  1. How has COVID-19 affected Worker’s Compensation Practice? 
  2. How do we manage to place clauses in the big picture? Who picks up the tab for medical experts?
  3. What other trends are on the horizon?
  4. What is Maryland’s position in the matter?

JGL LAW FOR YOU brings you up close and personal with our lawyers who will be discussing how to navigate the many legal processes,  developments in the law, other current events and how they may affect you.

Joseph, Greenwald and Laake has been representing clients in suburban Maryland and the District of Columbia for almost 50 years. With offices in Greenbelt and Rockville, Maryland, we have lawyers who focus their practices in diverse areas of the law, including employment and whistleblower actions, family law, estates and trusts, civil rights, business planning and commercial litigation, personal injury, medical and professional negligence.

In this episode, Rama Taib-Lopez answers the following questions and more … : 

  1. Does the Court Order apply?
  2. What happens if one of the parents is an essential employee/cannot work from home?
  3. Can parents temporarily modify their custodial schedule?
  4. What to do if one parent allows the children to do more non-socially distant activities than the other parent?  

JGL LAW FOR YOU brings you up close and personal with our lawyers who will be discussing how to navigate the many legal processes,  developments in the law, other current events and how they may affect you.

Joseph, Greenwald and Laake has been representing clients in suburban Maryland and the District of Columbia for almost 50 years. With offices in Greenbelt and Rockville, Maryland, we have lawyers who focus their practices in diverse areas of the law, including employment and whistleblower actions, family law, estates and trusts, civil rights, business planning and commercial litigation, personal injury, medical and professional negligence.

In this episode, Sarah Chu answers the following questions and more:

  1. What is Qui-Tam? Or A False Claim Act? 
  2. Who are Whistleblowers?
  3. What does a kickback to Medical provider looks like?

JGL LAW FOR YOU brings you up close and personal with our lawyers who will be discussing how to navigate the many legal processes,  developments in the law, other current events and how they may affect you.

Joseph, Greenwald and Laake has been representing clients in suburban Maryland and the District of Columbia for almost 50 years. With offices in Greenbelt and Rockville, Maryland, we have lawyers who focus their practices in diverse areas of the law, including employment and whistleblower actions, family law, estates and trusts, civil rights, business planning and commercial litigation, personal injury, medical and professional negligence.

In this episode, Patrick Dragga & Allison McFadden answer the following questions and more:

  1. What is a prenuptial agreement? 
  2. Is prenup only for people with a lot of wealth involved?
  3. How does a contract get enforced in a relationship?

JGL LAW FOR YOU brings you up close and personal with our lawyers who will be discussing how to navigate the many legal processes,  developments in the law, other current events and how they may affect you.

Joseph, Greenwald and Laake has been representing clients in suburban Maryland and the District of Columbia for almost 50 years. With offices in Greenbelt and Rockville, Maryland, we have lawyers who focus their practices in diverse areas of the law, including employment and whistleblower actions, family law, estates and trusts, civil rights, business planning and commercial litigation, personal injury, medical and professional negligence.

In this episode Matthew Focht & Celeste Cunningham answer the following questions and more … : 

  1. How do you prove where you contracted COVID-19? 
  2. What is being done to limit COVID suits?
  3. What are the law regarding Worker’s Compensation?

JGL LAW FOR YOU brings you up close and personal with our lawyers who will be discussing how to navigate the many legal processes,  developments in the law, other current events and how they may affect you.

Joseph, Greenwald and Laake has been representing clients in suburban Maryland and the District of Columbia for almost 50 years. With offices in Greenbelt and Rockville, Maryland, we have lawyers who focus their practices in diverse areas of the law, including employment and whistleblower actions, family law, estates and trusts, civil rights, business planning and commercial litigation, personal injury, medical and professional negligence.

In this episode, Stephen Friedman & Lindsay Parvis answer the following questions: 

  1. What alternatives to contested divorce litigation are available to navigate COVID-related court delays? 
  2. How has the process of getting divorced changed during COVID?
  3. What steps can people take now to prepare for a future divorce after COVID?
  4. What tips do you have for someone thinking about a divorce but that may be complicated by COVID? 

JGL LAW FOR YOU brings you up close and personal with our lawyers who will be discussing how to navigate the many legal processes,  developments in the law, other current events and how they may affect you.

Subscribe