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O’Melveny’s Kirman, Wyman Co-Author Article for The Health LawyerDecember 16, 2015 O'Melveny & Myers LLP partner David Kirman and associate Alexander Wyman co-authored the article “Anti-Kickback Statute Enforcement Trends,” which appears in the December 2015 edition of The Health Lawyer. The article discusses the fast pace of Anti-Kickback Statute (“AKS”) cases in 2015 as a result of the government’s focus in bringing fraud and abuse cases in the healthcare space. Kirman and Wyman write that the government enforcement of the AKS cases will likely continue, if not increase, as the Patient Protection and Affordable Care Act clarified that each violation of the AKS was also a violation of the False Claims Act and lowered the government’s burden in proving criminal AKS violations; the Sunshine Act increased the government’s and relators’ bar’s access to data documenting the flow of money; and investigative resources may be shifted to bringing cases with less legal uncertainty than off-label cases.
Kirman, a partner in the Firm’s Century City office, and Wyman, an associate in the Los Angeles office, practice in the White Collar Defense and Corporate Investigations Practice.