Law School Toolbox Podcast Episode 406: Listen and Learn -- Defenses to a Crime
Voluntary Payment Doctrine
Making Effective Use of the Claims/Disputes Process
FCPA Compliance and Ethics Report-Episode 12 with David Simon and Bill Athanas on adding a compliance defense to the FCPA
Following a recent federal court ruling, parties contemplating an advice of counsel defense must consider carefully the scope of the accompanying attorney-client privilege waiver. In United States ex rel. Lutz v. Berkeley...more
Other courts take a different view. In Bacchi v. Massachusetts Mutual Life Insurance Co., defendant resisting a policyholder class action filed affirmative defenses "that it acted in good faith . . . and that its actions were...more
As the most extreme example of an implied waiver, the "at issue" doctrine can waive privilege protection if a litigant affirmatively raises an issue that implicates privileged communications. Some courts hold that...more
In This Issue: - Government demonstrates willingness to enforce Affordable Care Act provision that could cost providers millions of dollars - Words can come back to haunt you: Boilerplate pleading could lead...more