News & Analysis as of

Actual or Constructive Knowledge

Patton Sullivan Brodehl LLP

The Perils of Buying Property from an LLC with Competing Claims to Managerial Authority

Prior LLC Jungle posts have addressed the tricky issue of LLC managerial authority in the context of the LLC’s dealings with third parties... As referenced in those posts, under Corporations Code section 17703.01, when an...more

Marshall Dennehey

Pennsylvania Superior Court Holds that Trial Court Correctly Entered Nonsuit on Plaintiff’s Corporate Negligence Claim for Failing...

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Corey v. Wilkes-Barre Hosp. Co., LLC, 2023 PA Super 262, 307 A.3d 701 (Pa. Super. 2023) - The trial court entered nonsuit on the plaintiff’s corporate negligence claim as the case did not involve any kind of systemic...more

Weintraub Tobin

(Podcast) The Briefing – Brandy Melville v Redbubble: Navigating Contributory Infringement

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Brandy Melville asked the Supreme Court to review the 9th Circuit’s decision in its dispute with Redbubble. Scott Hervey and Jamie Lincenberg discuss this case on this episode of The Briefing....more

Weintraub Tobin

The Briefing – Brandy Melville v Redbubble: Navigating Contributory Infringement

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Brandy Melville asked the Supreme Court to review the 9th Circuit’s decision in its dispute with Redbubble. Scott Hervey and Jamie Lincenberg discuss this case on this episode of The Briefing....more

Jackson Walker

US Supreme Court to Decide Whether the Government Can Prove Knowledge When the Defendant’s Regulatory Interpretation Is...

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The United States Supreme Court recently granted certiorari in a pair of cases out of the Seventh Circuit that will finally resolve a longstanding circuit split on the question of “scienter” under the False Claims Act...more

Bass, Berry & Sims PLC

False Claims Act Fundamentals: Scienter

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Scienter is an element that the government or relator must prove to demonstrate a violation of the False Claims Act, 31 U.S.C. § 3729, et seq. Under the False Claims Act, the required scienter, or state of mind, is...more

Bass, Berry & Sims PLC

False Claims Act Fundamentals: Elements of the False Claims Act

The False Claims Act, 31 U.S.C. § 3729, et seq. is the federal government’s primary and most effective tool for fighting fraud. This post provides an overview of the elements that plaintiffs must satisfy to establish...more

Goldberg Segalla

Court Denies Boiler Defendant’s Motion for Summary Judgment in Maritime Case

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U.S. District Court for the Eastern District of Virginia, Norfolk Division, March 3, 2022 - Plaintiff Jerome Gehant served in the US Navy from 1967 until 1970 on the USS America as a boiler technician. The plaintiff...more

Patton Sullivan Brodehl LLP

Relying on a Void Quiet Title Judgment

Under California’s Quiet Title Act, a third party who acts in reliance on a quiet title judgment retains its property rights even if that quiet title judgment is later declared void as long as the third party qualifies as a...more

Goulston & Storrs PC

Use of Knowledge Qualifiers for Representations and Warranties

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Introduction - In merger and acquisition (M&A) transactions, the definitive purchase agreement typically contains representations and warranties made by the seller with respect to the target company. The scope and detail of...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Legally speaking, working from home blurs line between ‘work' and ‘home'

The COVID-19 pandemic has forced businesses across Arkansas to transition from a traditional office environment to remote work. With flu season approaching and an increasing number of COVID-19 cases, many employers will...more

Pullman & Comley - Labor, Employment and...

Supreme Court’s Sulyma Decision Creates Proof of Actual Knowledge Issue for Plan Fiduciaries

Since its adoption the Employee Retirement Income Securities Act of 1974, as amended (“ERISA”), has required employee benefit plan sponsors to make disclosures regarding plan terms and plan expenses.  The most well-known of...more

TNG Consulting

Poloceno v. Dallas Indep. Sch. Dist., No. 20-10098, 2020 WL 5494511 (5th Cir. 2020)

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Summary of procedural history: Plaintiff, the parent of A.I., an eleven-year-old student in the Dallas Independent School District (DISD), filed suit alleging DISD subjected A.I. to intentional discrimination based upon...more

Hudson Cook, LLP

Discovering a Limit to Power: A Statute of Limitations Applied to the CFPB

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The substantial powers of the Consumer Financial Protection Bureau (CFPB) have recently received renewed attention following the U.S. Supreme Court's decision in Seila Law LLC v. CFPB. That case held that the CFPB was...more

Spilman Thomas & Battle, PLLC

Decoded: Technology Law Insights - Issue 6, September 2020

TikTok Will Partner with Oracle in the United States After Microsoft Loses Bid - "TikTok and Oracle will become business partners in the United States — a deal meant to satisfy the Trump administration's national security...more

Jackson Walker

Proper Payment for Hours Worked by Remote Workers in the Age of COVID-19: U.S. Department of Labor Issues New Guidance to...

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COVID-19 has augmented many challenges for employers. The most observable of these has been the necessity of avoiding congregating employees at the workplace. Unfortunately for employers, eliminating the requirement to work...more

Weintraub Tobin

Employers Must Use Reasonable Diligence To Track Telecommuting Employee Hours

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With 31% (or more) of American workers working from home as of April 2020, according to a survey cited by the Bureau of Labor Statistics, and probably even more since then, most employers face important questions: what is the...more

Proskauer - Law and the Workplace

DOL Guidance Reminds Employers of Obligations to Track and Pay For Remote Work

On August 24, 2020, the U.S. Department of Labor’s Wage and Hour Division (“WHD”) issued a Field Assistance Bulletin (“FAB”) providing guidance on employers’ obligations under the Fair Labor Standards Act (“FLSA”) to track...more

Pillsbury Winthrop Shaw Pittman LLP

How Scared Should We Be? Arbitrator Disclosure and Award Enforceability in the Wake of Monster Energy

Ninth Circuit’s interpretation of Federal Arbitration Act may lead to many efforts to have arbitration awards thrown out. The Ninth Circuit’s decision in Monster Energy Co. v. City Beverages, LLC—and the U.S. Supreme...more

Proskauer - California Employment Law

Summary Judgment Was Properly Granted In Favor Of Hospital In Meal/Rest Break Case

David v. Queen of the Valley Med. Ctr., 2020 WL 3529683 (Cal. Ct. App. 2020) - Registered nurse Joana David sued her former employer, Queen of the Valley Medical Center, for allegedly failing to pay her for meal breaks...more

Conn Kavanaugh

Colleges and Universities May Be Liable to Intoxicated Students for Failing to Take Reasonable Steps to Protect Them From Harm

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The Massachusetts Supreme Judicial Court (“SJC”) has created an actionable duty of care of colleges and universities to helplessly intoxicated students. On July 27, 2020, the court held that, where a college or university has...more

Jones Day

AIM-Listed Company Implements Investor Compensation Scheme Following FCA Public Censure

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The Situation: The UK Financial Conduct Authority ("FCA") publicly censured a UK publicly listed IT services provider for false disclosure but avoided a fine on the basis that the company provided essential services during...more

Haug Partners LLP

Intermediary Liability and Indirect Infringement for Marketplaces in Europe and the United States

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Counterfeiters often act through intermediaries, including online marketplaces, social media companies, and internet service providers (“ISPs”), that may not be aware that their services are being used for infringing...more

Carlton Fields

Is Cryptocurrency Use an Automatic Badge of Fraud?

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Creditors and trustees may use state or federal fraudulent transfer law to attempt to recover assets transferred by a debtor. Fraudulent transfers are transfers made with the intent to hinder, delay, or defraud a creditor, or...more

Hinshaw & Culbertson - The LHD/ERISA Advisor

The LHD/ERISA Advisor: U.S. Supreme Court Issues Ruling on 'Actual Knowledge' Required to Trigger ERISA's Limitations Period

On February 26, 2020, the Supreme Court issued its decision in Intel Corp. Inv. Policy Comm. v. Sulyma, __. U.S. __, 140 S. Ct. 768 (2020). The Court unanimously held that Christopher Sulyma ("Sulyma") did not necessarily...more

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