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Cost Recovery

Reveal

Show Me The Money: Building a Profitable eDiscovery Cost Recovery Model

Reveal on

In the beginning, there was paper and lots of it. Think stacks of bankers' boxes big enough to make an entire mountain out of. But the all-too-familiar buzz of a dial-up modem ushered in a brave new world for the discovery...more

Sheppard Mullin Richter & Hampton LLP

California Supreme Court Confirms the “Knowing and Intentional” Standard of California’s Wage Statement Law Requires a “Knowing...

In Naranjo v. Spectrum Security Services, the case’s second appearance before the California Supreme Court in two years, the Supreme Court confirmed that an employer does not incur civil penalties for failing to report unpaid...more

Freiberger Haber LLP

New York City Sparkies Beware – Be Licensed or be Square

Freiberger Haber LLP on

This BLOG has previously addressed issues related to proper licensure for contractors and the problems that arise for them if they perform work without a license. We have previously noted that home improvement contractors are...more

Gray Reed

Federal Income Taxation of Intellectual Property Development and Cost Recovery

Gray Reed on

Intellectual property (“IP”) development can cost millions of dollars so cost recovery timing can be financially material. General tax principles typically require that expenses associated with creating assets having useful...more

Foley & Lardner LLP

Clinical Trials: FDA Issues Finalized Charging Guidance for Investigational Drug Use 

Foley & Lardner LLP on

In February 2024, the U.S. Food and Drug Administration (FDA) published its finalized guidance concerning its investigational drug charging regulations (found at 21 C.F.R. § 312.8). These regulations are applicable to...more

Array

This Week in eDiscovery: What’s Behind Last Year’s Increase In eDiscovery Decisions, eDiscovery by Design, and Text Message Gaps...

Array on

Every week, the Array team reviews the latest news and analysis about the evolving field of eDiscovery to bring you the topics and trends you need to know. This week’s post covers the week of March 3-10. Here’s what’s...more

Morrison & Foerster LLP - Government...

Contracting In The Fog Of War: Recovering Costs Related To COVID-19

Like the COVID-19 virus, COVID-related contract claims have not gone away. In “Contracting in the Fog of War: Recovering Costs Caused by an Epidemic,” we reported on Pernix Serka Joint Venture v. Department of State, CBCA...more

Epiq

eDiscovery Cost Recovery: Market Intel and Assessment for Small and Mid-Sized Law Firms

Epiq on

Cost recovery is the process of law firms apportioning technology and other costs back to their clients.  As the creator and leader of eDiscovery managed services, Epiq has gained deep insights into how law firms approach...more

Perkins Coie

CERCLA Contribution Action Not Barred by Claim Preclusion

Perkins Coie on

Contribution claims brought under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) are not barred by prior environmental litigation if the property at issue and types of claims brought are...more

(ACOEL) | American College of Environmental...

New Mexico Eviscerates the Absolute Pollution Exclusion

In my last blog, I discussed the seminal ruling in Chisholm’s-Village Plaza, LLC v. Travelers Insurance Co., et al.; No. 2:20-cv-00920-JB-KRS, in which the United States District Court for the District of New Mexico analyzed...more

PilieroMazza PLLC

Termination for Convenience How to Prepare Your Settlement Proposal

PilieroMazza PLLC on

Nearly every government contract has a clause that allows the government to terminate the contract, or a portion of the contract, for convenience (i.e., when the government has determined that it no longer needs the goods or...more

Fenwick & West LLP

New Proposed FTC Regulations Provide Limited Relief

Fenwick & West LLP on

In the newly released Proposed Foreign Tax Credit (FTC) Regulations, Treasury provided some measure of relief on cost recovery and royalty withholding, two of the most troublesome aspects of the Final FTC Regulations that...more

Foley Hoag LLP - Environmental Law

EPA Proposes to List PFOA and PFOS as Hazardous Substances: What Could Possibly Go Wrong?

EPA announced today that it is proposing to list PFOA and PFAS as hazardous substances under CERCLA.  EPA appears to be sanguine about how the listing will play out in the real world. EPA is focused on holding responsible...more

Venable LLP

[Webinar] Post Mid-Year Government Contracts Round-Up: Most Significant Claims Cases of the First Half of 2022 - August 23rd, 2:00...

Venable LLP on

The Armed Services Board of Contract Appeals (ASBCA), the Civilian Board of Contract Appeals (CBCA), and federal courts have addressed several important claims issues this year. Listen as attorneys from Venable's Government...more

Burr & Forman

Tongue Twister: Commander Closes Construction Site for COVID and Contractor Can’t Recover Contract Costs

Burr & Forman on

Last month, the Armed Services Board of Contract Appeals held that a public contractor could not recover $100k in construction costs incurred following the government’s decision to close down a base in Tennessee due to...more

Holland & Knight LLP

Supreme Court Expands States' Ability to Recoup Future Medicaid Costs from Tort Recoveries

Holland & Knight LLP on

The U.S. Supreme Court interpreted the Medicaid Act on June 6, 2022, to permit state Medicaid programs to recover costs for future medical care that has not yet been provided and may never be provided from Medicaid...more

Roetzel & Andress

New Bill in Ohio House Could Dramatically Change Eminent Domain Law

Roetzel & Andress on

On June 7, 2022, House Bill 698 was introduced in the Ohio House of Representatives. The Bill would amend Ohio’s eminent domain law, Ohio Revised Code Chapter 163, in numerous ways that are favorable to property owners and...more

Holland & Hart - Health Law Blog

Idaho Patient Act Changes

Idaho has enacted limited changes to the Idaho Patient Act (IPA) that make it somewhat easier for healthcare providers and facilities to jump through the IPA hoops before pursuing collection actions against patients. A copy...more

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

RCRA Cost Recovery Action/Underground Storage Tank: Federal Court Addresses Scope of the Term Owner

A United States District Court (N.D. California) (“Court”) addressed in a December 16th opinion issues arising out of a railroad’s lawsuit to recover remediation costs pursuant to the Resource Conservation and Recovery Act...more

Sheppard Mullin Richter & Hampton LLP

Illinois Imposes New Restrictions on Non-Competes and Non-Solicits

Illinois recently passed legislation amending the Freedom to Work Act (the “Act”), following a growing trend of states imposing greater restrictions on employers’ use and enforcement of non-competition and non-solicitation...more

Foley & Lardner LLP

Employers Beware: Colorado Criminalizes Enforcement of Overbroad Non-Competes

Foley & Lardner LLP on

In keeping with the national trend of aggressively pursuing limitations on or prohibitions against non-competition agreements, the State of Colorado recently enacted first-of-its-kind criminal penalties for employers seeking...more

Jenner & Block

PFOA and PFAS Take Another Step Towards Becoming Full-Fledged Members of the CERCLA Family of Hazardous Substances

Jenner & Block on

On January 10, 2022, U.S. EPA forwarded to the White House Office of Management and Budget (OMB) a proposed rule that seeks to designate perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS) as “hazardous...more

Epiq

Using Managed Services and Metrics to Evaluate Success and Plan for 2022

Epiq on

As the year closes and the new one begins, law firm leadership teams start to evaluate the areas of greatest success and determine where there may be room for improvement or growth in the coming year. eDiscovery directors and...more

Conyers

Costs secured for opposing creditors: TLG Atma Ltd (Applicant) v Atlas Mara Limited (Respondent) BVIHC (COM) 0027 of 2021

Conyers on

In its judgment dated 28 July 2021, the BVI Commercial Court, determined both that as matter of jurisdiction, and in the exercise of his discretion he should permit creditors who successfully opposed the making of a...more

Farrell Fritz, P.C.

US Supreme Court Rules that CERCLA-Specific Settlement is a Pre-Requisite to a CERCLA Contribution Claim

Farrell Fritz, P.C. on

In May 2021, the Supreme Court ruled in Territory of Guam v. United States, 593 U.S. __ (2021), on the issue of whether a settlement resolving environmental liabilities was sufficient to establish a right of contribution for...more

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