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Ecuador Ruling Marks Significant Step for Arbitral Certainty

On May 9, a company incorporated in the Netherlands, CW Travel Holdings NV, succeeded in the Constitutional Court of Ecuador, arguing that lower courts in Ecuador violated Ecuador's constitution by refusing to consider CW...more

The Supreme Court Ends Practice of Dismissing, Rather Than Staying, Lawsuits Compelled to Arbitration

On May 16, 2024, the Supreme Court unanimously decided in Smith v. Spizziri that the Federal Arbitration Act (FAA), 9 U.S.C. § 3, divests federal district courts of any discretion to dismiss arbitrable claims that are...more

Enactment of the Foreign Extortion Prevention Act Expands the U.S. Department of Justice’s Ability to Prosecute International...

The breadth of the recently enacted FEPA presents pitfalls for U.S. companies dealing with foreign governments and state-owned entities requiring significant caution and effective compliance controls....more

DOJ Indicts CEO for Allegedly Using Trading Plans to Commit Insider Trading

Critics have repeatedly alleged that executives routinely take advantage of the many loopholes that exist regarding Rule 10b5-1 trading plans to engage in improper conduct. These criticisms finally seem to have been heard by...more

SPAC Mergers in the SEC’s Crosshairs? Recent Enforcement Activity Highlights Increased SPAC Merger Risk

The past few weeks have seen a turn of events for companies involved with Special Purpose Acquisition Company (SPAC) vehicles. First, the Securities and Exchange Commission (SEC) announced civil administrative charges against...more

The Supreme Court Curbs Excessive Disgorgement Awards in SEC Civil Enforcement Actions

On June 22, 2020, the U.S. Supreme Court in Liu v. Securities and Exchange Commission, ruled that the U.S. Securities and Exchange Commission (SEC) can seek the remedy of disgorgement in civil enforcement proceedings for...more

What does the Escobar Decision Mean for Healthcare Providers?

On June 16, 2016, the U.S. Supreme Court in Universal Health Servs., Inc. v. United States ex rel Escobar, No. 13-317, — S. Ct. — (June 16, 2016), confirmed that the implied certification theory may serve as a basis for...more

DOJ Launches One-Year Pilot Program to Encourage Corporations to Voluntarily Disclose FCPA Violations

On April 5, 2016, the United States Department of Justice's (DOJ) Criminal Division launched a new, one-year Foreign Corrupt Practices Act (FCPA) pilot program that the DOJ hopes will encourage corporations to voluntarily...more

Florida Supreme Court Rejects the "Risk Utility" Test For Strict Liability Design Defect Cases

In a key products liability decision, Aubin v. Union Carbide Corp., No. SC12-2075, 2015 WL 6513924, at *1 (Fla. Oct. 29, 2015), the Florida Supreme Court rejected the Restatement (Third) of Tort's "risk utility" test which...more

Commil USA, LLC v. Cisco Systems, Inc. Further Clarifies the Requisite Intent for Induced Infringement after Global-Tech

On May 26, 2015, the Supreme Court ruled in Commil USA, LLC v. Cisco Sys., Inc. that an alleged infringer's belief regarding patent validity cannot be used as evidence in a defense to an induced infringement claim. In so...more

Efforts to Stop Health Insurance Fraud Through Use of Contractors Under Fire

In recent reports, from June 25, 2014 and August 13, 2014, the Government Accountability Office (GAO) highlights the mixed results achieved by the federal government's increased efforts to crack down on health insurance fraud...more

CMS Releases Unprecedented Amount Of Medicare Billing Information, Increasing Risk Related To Fraud Lawsuits

On April 9, 2014, the Center for Medicare and Medicaid Services ("CMS"), a branch of the Department of Health and Human Services ("HHS"), released data showing utilization, payments, and submitted charges for services and...more

Affordable Care Act Update April 7, 2014: High Courts Vet Key Provisions Of The Affordable Care Act Government Extends Enrollment...

March 2014 has produced quite a bit of activity regarding the Patient Protection and Affordable Care Act ("ACA"). On March 24, 2014, oral argument was held in the latest challenges to the ACA in Sebelius v. Hobby Lobby...more

Halifax Health And Government Settle False Claims Act Claims For $85 Million, But Case Is Not Over

On March 10, 2014, Halifax Hospital Medical Center and Halifax Staffing, Inc. (collectively, "Halifax") entered into a settlement agreement and a corporate integrity agreement ("CIA") to resolve claims brought under the False...more

California Supreme Court Expands Protections To Whistle-Blowers And Weakens Hospital Peer Review Systems

The recent decision by the California Supreme Court in Fahlen v. Sutter Central Valley Hospitals, No. S205568 , 2014 WL 655995 (Cal. 2014) may significantly weaken the efficacy of hospital peer review proceedings in...more

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