Nicholas Napolitan

Nicholas Napolitan

Morrison & Foerster LLP

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Debunking Bunk: Fourth Circuit Leaves Unresolved “Excessive” Penalties Under the False Claims Act

On December 19, 2013, in a highly anticipated decision, the Court of Appeals for the Fourth Circuit awarded $24 million in civil penalties under the False Claims Act (FCA), despite the fact that the whistleblower prosecuting...more

9/5/2014 - Appeals Civil Monetary Penalty DOJ False Claims Act Treble Damages Whistleblowers

U.S. Supreme Court Abolishes the Presumption of Prudence in ERISA Stock Drop Cases

A recurring scenario in ERISA litigation involves claims against fiduciaries of 401(k) retirement plans who are alleged to have breached their fiduciary duty by failing to discontinue investment in employer stock following a...more

7/11/2014 - 401k Employee Benefits ERISA Fiduciary Duty FIfth Third Bancorp v Dudenhoeffer Retirement Plan SCOTUS Stock Drop Litigation US Bancorp

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