News & Analysis as of

Fraud › Wrongful Termination

Fraud is the making of false representations or engaging in deceptive behavior in order to unlawfully secure financial or personal gain. 
Lowenstein Sandler LLP

In The Know: The Lowenstein Insurance Recovery Group’s Tip Of The Month - April 2021

Lowenstein Sandler LLP on

There is a common misconception that claims for intentional conduct are not covered under your insurance policy. In fact, insurance policies commonly provide coverage for intentional misconduct. For example, directors and...more

Spilman Thomas & Battle, PLLC

NC Court of Appeals Clarifies When a Nonsignatory Can Compel Arbitration

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Generally, only signatories to an arbitration agreement can compel one another to arbitrate their claims. However, in certain situations, a nonsignatory may take advantage of an arbitration agreement between other parties....more

Schwabe, Williamson & Wyatt PC

Fresh From the Bench: Latest Federal Circuit Court Cases

Schwabe, Williamson & Wyatt PC on

Berkheimer v. HP Inc., Appeal No. 2017-1437 (Fed. Cir. Feb. 8, 2018) - In Berkheimer v. HP Inc., the Federal Circuit reviewed the District Court’s summary judgment finding that certain claims of a patent were invalid as...more

Jackson Lewis P.C.

Weighty Issues: Obesity And The But-For Test Under The ADAAA

Jackson Lewis P.C. on

Obesity is still a hot topic both in our health conscious culture and in our courtrooms where we continue to see ADAAA claims based on the notion that an employer fired an employee because the employee was obese. After the...more

Amundsen Davis LLC

Recent Appellate Court Decision Provides Guidance For Investigating Intermittent FMLA Abuse

Amundsen Davis LLC on

Intermittent FMLA leave can be a source of frustration for employers even when it is used appropriately because it complicates staffing and planning and interrupts business operations. But when an employee’s use of...more

Poyner Spruill LLP

Termination of Employee for FMLA Abuse Affirmed by Fourth Circuit

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FMLA abuse is an increasing problem oftentimes leaving employers searching for options. However, the Fourth Circuit Court of Appeals gave employers a win in Sharif v. United Airlines, Inc., when it affirmed an employer’s...more

Proskauer - Whistleblower Defense

Seventh Circuit Issues Ruling Interpreting False Claim Act Whistleblower Amendments

Proskauer - Whistleblower Defense on

The Seventh Circuit recently issued a decision interpreting the anti-retaliation provisions of the False Claims Act (FCA). The decision provides important clarifications about how courts may interpret recent amendments to...more

Kelley Drye & Warren LLP

Tide of Circuit Courts Finding Paid Suspension Is Not An Adverse Employment Action Grows

Kelley Drye & Warren LLP on

In an issue of first impression, the Third Circuit Court of Appeals ruled Wednesday, August 12, that a paid suspension does not constitute an adverse employment action under Title VII, joining the unanimous opinion of the six...more

McGuireWoods LLP

The Fourth Circuit Expands the Implied Certification Theory to Anti-Retaliation Claims

McGuireWoods LLP on

On January 8, 2015, the Fourth Circuit determined that, amid a circuit split, the “implied certification” theory of liability under the False Claims Act (“FCA”) was viable in the Fourth Circuit. United States v. Triple...more

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