Investment and securities fraud is one area of consumer fraud litigation pursued by the attorneys at Beasley Allen. Litigation includes individual cases as well as class actions that have been filed throughout the country. Cases in this area also involve matters including wrongful conduct of insurance and finance companies including fraud and bad faith, mortgage loan fraud, general consumer fraud and employment issues. Pending cases include securities and investment fraud litigation against companies including Stanford Securities and Regions Morgan Keegan, among others.
Our firm also is representing people who have been taken advantage of in the workplace, through violations of the Fair Labor Standards Act (FLSA). In these cases, employers intentionally misclassify employees as independent contractors or managers in order to reduce costs such as overtime compensation, employee benefits, payroll taxes, unemployment compensation and workers compensation.
In a bizarre twist of events, cybersecurity firm Bitdefender has suffered a data breach by a hacker calling himself “DetoxRansome.” The news broke of the Bitdefender data breach after DetoxRansome tweeted the following message: “Guess what guys Bitdefender has been toppled by yours truly.” The hacker is now demanding $15,000 from the cybersecurity company, or else he/she will allegedly release Bitdefender’s customer database information to the web’s infamous black market. To prove the seriousness of the situation, the hacker revealed the login credentials for two Bitdefender employees, as well as one customer. Travis Douring and Dan McPeake, security researchers with ... Read More
California medical device manufacturer NuVasive Inc. will pay the U.S. $13.5 million to settle a whistleblower lawsuit that alleged the company pushed its CoRoent System spine devices for uses that weren’t approved by the U.S. Food and Drug Administration (FDA) – a scheme that allegedly caused numerous health care providers to submit false claims to Medicare and other taxpayer-funded health care programs. According to the U.S. Justice Department, the civil settlement resolves a lawsuit filed under the whistleblower provision of the False Claims Act by Kevin Ryan, a former NuVasive sales representative. Mr. Ryan accused NuVasive promoting its CoRoent System ... Read More
The Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank) of 2010 introduced the most sweeping financial regulatory reforms made by legislators since the Great Depression. Signed into federal law by President Barack Obama on July 21, 2010, Dodd-Frank’s comprehensive measures were designed, in part, to clean up loopholes and improve the oversight and transparency of financial institutions. The intention: to avert another giant recession like the one that hit the U.S. in 2007-2010. The stated purpose of Dodd-Frank is “To promote the financial stability of the United States by improving accountability and transparency in the financial system, to end ‘too ... Read More
CVS Caremark is the pharmacy benefit management and drugs-by-mail division of CVS Health, a Woonsocket, R.I., based company currently ranked by Fortune Global 500 as the 35th largest corporation in the world in terms of revenue. As both the owner of nearly 70,000 retail pharmacies and the manager of pharmacy services for thousands of clients, the CVS family of companies is well positioned to make enormous profits in the health care field. The corporation manages pharmacy benefit services for employers, health insurance companies, unions, government employee groups, managed care organizations, and other health care plan providers throughout the U.S. CVS Caremark, ... Read More
The Dodd-Frank Wall Street Reform and Consumer Protection Act was passed in 2010 as a safeguard to help the U.S. economy avert another financial catastrophe like the Great Recession of 2007-2008. The Act’s provisions have since become one of the federal government’s most effective weapons in the fight against the type of high-level financial fraud that drove the economy to the brink of a depression and ruined the quality of life for millions of Americans. Despite all the progress it has made in restoring a level of integrity and trust in the U.S. banking and investment industry, the very same ... Read More
U.S. government prosecutors have recommended a life sentence to a former peanut company owner convicted of knowingly selling and distributing a variety of peanut products contaminated with salmonella. Lawyers for both prosecution and defense say the recommended sentence of life in prison for Stewart Parnell, the 61-year-old head of Peanut Corporation of America, is “unprecedented” for a food poisoning case. Court documents show the U.S. Probation Office determined that Mr. Parnell’s crimes fell “in a life sentence Guidelines range” using sentencing calculations and guidelines. These calculations and determinations will be given to the federal judge to assist in sentencing Sept. ... Read More
Despite a previous 2013 Supreme Court ruling stating that plaintiffs must be at imminent risk of suffering a concrete injury to sue in federal court, data breach class action plaintiffs received new hope thanks to the 7th U.S. Circuit Court of Appeals. This week, the 7th Circuit panel took the liberty of reinstating a data breach class action against retailer Neiman Marcus by stating that the theft of customer financial records was enough to permit federal trial. Before the 7th Circuit’s ruling, data breach class action plaintiffs faced a seemingly unconquerable hill due to a past Supreme Court ruling in ... Read More
A former compliance officer with Rastatt, Germany-based Maquet Getinge Group has filed a whistleblower retaliation lawsuit against the medical device manufacturer in a New Jersey Court, alleging he was fired for voicing his objections against the company’s habitual safety violations and other wrongdoing that introduced dangerous, substandard medical products to the market. Oscar Sanches, the former chief quality regulatory and compliance officer at Maquet, filed the lawsuit July 2 in Essex County Superior Court. The complaint asserts that Maquet and its management “created a corporate culture of concealment, noncompliance and disdain” for U.S. Food and Drug Administration (FDA) rules regulating ... Read More
A former Lidoderm sales representative for Endo Health Solutions and its subsidiary Endo Pharmaceuticals will receive a $33.6-million payout as her share of $172-million settlement she was instrumental in bringing about with her whistleblower lawsuit. Peggy Ryan sued her former employer in 2005 under the False Claims Act, alleging the company misbranded Lidoderm, a prescription drug for shingles pain, and pushed it for purposes not approved by the U.S. Food and Drug Administration (FDA). In her whistleblower complaint, Ms. Ryan alleged that her superiors at Endo urged her to promote Lidoderm for off-label purposes by goading physicians to talk with ... Read More
The pharmacy benefit management industry is ferociously competitive. These companies process prescription drugs and pharmacy services to insurance companies, nursing homes, and other clients, using their size and clout to negotiate lower prices. Cincinnati-headquartered Omnicare Inc. is the largest provider of prescription drugs and pharmacy consulting services to nursing homes and other long-term care facilities in the U.S. It is also one of the top violators of federal laws designed to protect the integrity and viability of Medicare, Medicaid, and other taxpayer-funded government health care programs. Omnicare’s rap sheet shows that for more than a decade, the company has engaged ... Read More