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Puffery Is Not Grounds For Liability
During contract negotiations, the company assured a potential client that it had enough staffing and expertise to meet all third-party payor requirements. The company claimed the client could rely entirely on them for billing submission and collection. It also stated that it possessed sufficient staffing, oversight, knowledge of timely filing rules, extensive medical billing expertise, and an understanding of the client’s medical practices to process and collect accounts prom

Paul Peter Nicolai
Sep 221 min read


The Computer Fraud and Abuse Act Turns Out Not to be an Effective Tool
The Third Circuit Court recently ruled that an employer failed to prove a CFAA or Defend Trade Secrets Act (“DTSA”) violation.

Paul Peter Nicolai
May 261 min read


Failure to Prevent Fraud
The UK Economic Crime and Corporate Transparency Act means a corporation may be criminally liable if an associated person commits fraud

Paul Peter Nicolai
Dec 10, 20245 min read


Investors can recover lost-expectation damages
An investor claimed a company owner lied when he sold him 1% of his company by not disclosing that outstanding options diluted his...

Paul Peter Nicolai
Jul 26, 20221 min read
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