The Peninsula Internal Medicine Whistleblower Lawsuit

Candy Burns was the owner of Peninsula Internal Medicine, a medical clinic in Salisbury, Maryland.  Kimberly Elliott began working for Peninsula as an office manager in 2007, and beginning in 2009, she noticed that some of the insurance claims the office was filing seemed suspicious.  Specifically, the office sent many bills for blood tests that had never been done; the claims falsely stated that the blood draws had taken place at the LabCorp laboratory in the same building as Peninsula.  Peninsula also billed Medicare and Medicaid for smoking cessation counseling sessions that never occurred.  In 2012, Burns terminated Elliott’s employment after Elliott refused to submit claims that she suspected were fraudulent.  The fraudulent billing continued until 2016, however.

In June 2019, the United States indicted Burns on charges of healthcare fraud.  In December of that year, Burns suffered a brain aneurysm and never regained consciousness; she died in January 2021.  The United States dropped the indictment against her in 2020.  Meanwhile, the case against Peninsula Internal Medicine continued.  The case settled in March 2022, when Peninsula paid a settlement of just over $286,000.  Elliott, in her capacity as a whistleblower under the federal False Claims Act, received a payment of just over $57,000 from the settlement.

Under the False Claims Act, an employee who informs regulators or law enforcement of fraud against the federal government at their workplace can file a qui tam action.  This is a whistleblower lawsuit where, if the court orders the employer to pay a settlement, the whistleblower is entitled to a share of the settlement; the whistleblower’s share is usually between 15 and 25 percent.  Healthcare fraud cases account for a large percentage of qui tam actions in recent years.

Contact Tobin O’Connor Concino P.C. About Healthcare Fraud Complaints

Medical billing can be a minefield for conflict, even if you keep meticulous records of all payments you make and receive.  A business litigation lawyer can help you if your medical office is facing lawsuits related to billing, insurance claims, or other aspects of its business practice.  Contact Tobin O’Connor Concino P.C. for help today.

Sources:

justice.gov/usao-md/pr/salisbury-medical-practice-pays-united-states-over-286000-resolve-claims-it-billed

delmarvanow.com/story/news/local/maryland/2022/03/25/salisbury-medical-practice-fraud-claims-candy-burns-peninsula-internal-medicine/7166616001/

What to Do If a Former Employer Uses a Non-Compete Clause to Sabotage Your Career

Even in a place like the Washington, D.C. area, one of the world’s leading centers of medical research and home to several medical schools, there are only so many employers for any subspecialty of medicine.  If a non-compete clause was part of your employment contract, you probably signed because you needed the job.  If, after the employment relationship ends and you get a new job, your employer alleges that you are violating the non-compete agreement, how can you tell your ex-employer to back off so you can get on with your career?  These are some defenses that might apply if your former employer accuses you of violating a non-compete agreement:

• Depending on how the non-compete provision is worded in your employment contract, you may be able to argue that your new job does not violate its terms.
• If you have evidence that your former employer has behaved unethically, and you communicate this to your former employer, they may agree to drop the non-compete lawsuit in exchange for you not exposing their misconduct.
• You may be able to argue that the non-compete agreement is void if your employer breached the other terms of your employment contract while you were still working for them. If that is the case, then the non-compete agreement was already void by the time you started working for your current employer.

Contact an Attorney for Help

A business lawyer can help you if your former employer is threatening to sue you for breach of contract.  Contact Tobin O’Connor Concino P.C. in Washington, D.C. or call 202-362-5900.

DO: Document Everything

If money is missing from your company’s accounts for unexplained reasons, you should make detailed records of all the money coming in and going out.  The more rigorous your company’s policies for documenting expenditures, the better you can protect your business from embezzlement.  If the theft is already occurring, you should at least document how much money went missing and when.  Compare transactions from your bank account to employees’ pay stubs and receipts from vendors.

DON’T: Make Unsubstantiated Accusations

Angrily accusing a business partner of stealing when you do not have solid proof will not solve anything.  It will only make you seem like a bully, and if there is a good explanation for where the money went, it will make you look like the kind of boss who loses his temper first and asks questions later.

DO: Discuss Your Options for Legal Remedies with a Lawyer

You should discuss the situation with a commercial litigation lawyer as soon as you realize that there is a serious problem.  The lawyer can advise you on whether it is best to file a lawsuit, whether to get rid of the dishonest business partner buy buying him out, or some other option.

DO: Rely on Your Company’s Articles of Organization

Some business structures require a company to file articles of organization before it begins doing business.  If your articles of organization contain provisions about how to deal with misconduct by a partner in the company, you must follow these provisions.  If you do not, you will make yourself vulnerable to being sued.

DON’T: Make Empty Threats of Criminal Penalties

Stealing from a company is embezzlement, and falsifying a company’s financial records is fraud.  These are both crimes; depending on the amount stolen and the damage caused, they can be felonies punishable by long prison terms.  Do not, however, threaten in the heat of anger to have your business partner arrested.  After meeting with a commercial litigation attorney, you may decide to press criminal charges related to your business partner’s dishonest dealings, but that is not a decision to make by yourself.

Let Us Help You Today

Business disputes about missing money can get messy, but a commercial litigation attorney can help defend your rights and ensure that you stay within the limits of the law.  Contact the Washington DC commercial litigation lawyers at Tobin O’Connor Concino P.C. or call 202-362-5900.

https://www.tobinoconnor.com/what-to-do-if-your-washington-dc-business-receives-a-cease-and-desist-letter/

What Exactly is a Cease and Desist Letter?

A cease and desist letter is a warning about alleged illegal activity. It says that if you continue, there could be penalties and financial consequences. It doesn’t necessarily have any legal weight, but serves the purpose of putting you on notice of an alleged violation. This is to ensure you cannot claim you were unaware of the alleged violation.

You may hear a cease and desist letter referred to by several other names, including:

• Cease and desist form
• Stop harassment letter
• Demand letter
• Cease and desist notice

Types of Cease and Desist Letters

There are a number of different reasons that could trigger a cease and desist letter. Some of these include:

• Trademark, Patent, or Copyright Infringement: Copyrights, patents, and trademarks are three ways that businesses can protect their intellectual property. If a person or company’s intellectual property is violated, they will send a cease and desist letter to the violator before proceeding with further legal action.
• Violating a Non-Compete Agreement: Someone who doesn’t abide by the terms of a non-compete agreement could be facing legal action for the violation.
• Breach of Contract: If someone signs a contract or agreement, they are typically bound by its terms, unless a court determines the contract invalid. Failure to live up to the terms would be cause for breach of contract.
• Defamation: Defamation is one of the reasons someone might send a cease and desist letter. Libel is written defamation while slander is spoken.
• Harassment: Harassment can include a business who calls someone all the time, shows up in person repeatedly, etc.

Be Cautious About Sending a Cease and Desist Letter 

If you are considering sending a cease and desist letter, be cautious about potential ramifications. Sending one in the wrong situation can result in legal troubles for the sender. If you issue any threats, it may be considered blackmail or extortion. If the violation proves to be false, it can also result in someone suing you in their own defamation complaint.

Contact a Washington DC Commercial Litigation Attorney

If you have questions about a cease and desist letter you received, or you need assistance in drafting one, it’s crucial to speak with a skilled attorney first. Your attorney can help you draft a demand letter so that it won’t result in your being sued. If you need to respond to a letter, your attorney can help you determine an appropriate course of action. Let the attorneys at Tobin O’Connor Concino P.C. assist with all your commercial litigation needs. Contact our office at 202-362-5900 today to schedule a consultation.

https://www.tobinoconnor.com/main-types-of-intellectual-property-litigation-in-washington-dc/

Intellectual property litigation is complex. It’s important to speak with a skilled Washington DC commercial litigation lawyer who can assist your company through this process. Here is an introduction to the main types of intellectual property litigation you could be exposed to.

Copyrights

Copyright law deals with the protection of original works like music, film, books, and more. It only protects the tangible finished product, not the principles and procedures that lead to the final product. Federal copyright law is covered under Title 17 of the United States Code. Under the current laws, a copyright is effective on the date the work was created and will last until 70 years after the creator’s death. The length of time is even longer if it’s anonymous or made for hire.

Patents

Patents will include inventions and innovations in the mechanical or technical fields. A patent protects the inventor from someone else making, using, or selling the same invention that is covered under the existing patent. Patents are filed with the United States Patent and Trademark Office (USPTO) and allow the inventor the right to that exclusivity for 20 years from the date the application was filed under 35 U.S.C. §154.

Trademarks

Trademarks include logos and various slogans that can be used to identify specific goods. It also includes protection for service marks and trade dress. Trademarks can even go so far as to include a sound or smell that is associated with goods and services and is immediately identifiable to them. Trademarks differ from copyrights and patents in that there is no set termination date for a trademark. As long as the trademark is still utilized in commerce, it will be valid.

A service mark is one that describes marks that help distinguish services that each company offers, and trade dress is the term used to describe a container or packing that is an identifier of a specific product or brand.

Trade Secrets

The fourth main category of intellectual property litigation involves trade secrets. Trade secrets involve information not readily accessible by the general public. This can be instructions, recipes, production processes, and any other information that gives your business a competitive edge. Trade secrets can be utilized to cover processes and ideas, which is a difference from copyrights. A document that is protected under a copyright can have a trade secret, but it doesn’t mean the trade secret is protected by the copyright.

Retaining a Washington DC Commercial Litigation Attorney

If you have questions about intellectual property litigation, contact a knowledgeable Washington DC commercial litigation attorney. At Tobin O’Connor Concino P.C., we have experience in commercial litigation and have over 20 years of experience helping businesses in and around the Washington DC area. Contact our office today at 202-362-5900 to schedule a consultation.

Resource:

copyright.gov/title17/

https://www.tobinoconnor.com/different-types-of-intellectual-property/