Marc Hearron

Marc Hearron

Morrison & Foerster LLP

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Latest Publications


Navigating The Circuit Split On Implied False Certification

The U.S. courts of appeals disagree along two, perhaps three, lines over both the scope and validity of the doctrine of implied false certification under the False Claims Act. These divergences mean that motion practice and...more

11/18/2015 - False Claims Act (FCA) False Implied Certification Theory Government Contractors Implied Certification Petition for Writ of Certiorari Qui Tam SCOTUS

Further Setback for the CFPB Director’s Authority?

A split panel of the U.S. Court of Appeals for the Third Circuit issued a decision yesterday holding that a “recess” appointment to the National Labor Relations Board (NLRB) was unconstitutional and invalid. NLRB v. New Vista...more

5/20/2013 - CFPB Directors Nominations Recess Appointments Richard Cordray

After Myriad Oral Argument, Supreme Court Set to Decide Patentability of Isolated Human DNA Molecules

Today, the Supreme Court of the United States heard oral argument in Association for Molecular Pathology v. Myriad Genetics, Inc. (No. 12-398) to decide the question, “Are human genes patentable?” The Court’s decision in...more

4/16/2013 - AMP v Myriad DNA Gene Patenting Human Genes Oral Argument Patent-Eligible Subject Matter Patents SCOTUS

Supreme Court Holds that “First Sale” Doctrine Applies to Copies of a Copyrighted Work Lawfully Made Abroad: Kirtsaeng v. John...

The Supreme Court of the United States issued its much-anticipated decision in Kirtsaeng v. John Wiley & Sons, Inc., holding that the “first sale” doctrine protects a buyer or other lawful owner of a copy of a copyrighted...more

3/21/2013 - Copyright Exports First Sale Doctrine Imports Kirtsaeng v. John Wiley & Sons SCOTUS

D.C. Circuit Hands the CFPB a Setback?

At the end of last week, the U.S. Court of Appeals for the District of Columbia Circuit issued its decision in Noel Canning v. National Labor Relations Board, holding that President Obama’s recess appointments to the National...more

1/30/2013 - Barack Obama Canning v NLRB CFPB NLRB Political Appointments Pro Forma Sessions Recess Appointments Richard Cordray

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