News & Analysis as of

Veto Rights

FCA Deeper Dive: Judicial Review of Settlements

by Bass, Berry & Sims PLC on

The FCA continues to be the federal government’s primary civil enforcement tool for investigating allegations that healthcare providers or government contractors defrauded the federal government. In the coming weeks, we...more

Gov't Nonintervention In Agape And Future FCA Cases

by Morrison & Foerster LLP on

If, as the saying goes, power corrupts and absolute power corrupts absolutely, what then to make of the government’s absolute veto power over False Claims Act settlements? In United States ex rel. Michaels v. Agape Senior...more

Top False Claims Act developments In 2017 for ADG companies

by Hogan Lovells on

The False Claims Act, 31 U.S.C. §§ 3729-3733, continues to pose unique liability risk for aerospace, defense, and government services (ADG) companies that directly or indirectly conduct business with the U.S. Government. In...more

Class Representatives Do Not Hold Veto Power Over Class Settlement

by Carlton Fields on

In In re FedEx Ground Package Sys., Inc. Employment Practices Litig., No. 3:05-CV-595 RLM, 2017 WL 632119 (N.D. Ind. Feb. 14, 2017), only one of a total of seven class representatives signed off on accepting a proposed class...more

Fourth Circuit Takes a Pass on Statistical Sampling, Finds DOJ's Settlement Veto Authority Unreviewable

by Bass, Berry & Sims PLC on

After granting the relators’ petition for an interlocutory review of the district court’s rejection of the use of statistical sampling to establish FCA liability, the Fourth Circuit ultimately declined to reach that issue in...more

Statistical Sampling in FCA Cases Remains Uncertain, But the Government’s Absolute Veto Power Regarding Settlements Gets Affirmed

by Bryan Cave on

While all hoped the Fourth Circuit would finally provide some clarity regarding the use of statistical sampling in False Claims Act (FCA) cases, Valentine’s Day 2017 yielded some surprising events for those awaiting the...more

False Claims Act Alert: Fourth Circuit Punts on Sampling and Extrapolation

by Hogan Lovells on

Tuesday, the Fourth Circuit Court of Appeals ruled in the interlocutory appeal in United States ex rel. Michaels v. Agape Senior Community, Inc.. In an opinion considering two significant questions arising under the qui tam...more

Right to Veto Clause Prevents Partnership’s Virtual Reality Lawsuit

A judge in the Northern District Court of California ruled that a virtual reality firm’s “right to veto” provision in its partnership agreement prevented the company from bringing suit against Oculus VR, LLC (“Oculus”), a...more

DOJ Briefing Attempts to Avert Fourth Circuit Ruling on Use of Statistical Sampling in FCA Cases

by King & Spalding on

On March 17, 2016, the U.S. Department of Justice (“DOJ”) filed a brief in an eagerly anticipated case that addresses the use of statistical sampling in FCA cases for the first time at the appellate level. The case is United...more

Fourth Circuit Grants Review of Use of Statistical Sampling in False Claims Act Case to Prove Liability and Damages

by King & Spalding on

On September 29, 2015, the United States Court of Appeals for the Fourth Circuit agreed to hear on interlocutory appeal the controversial issue of reliance on statistical sampling in a whistle-blower action to prove liability...more

Illinois Governor Vetoes Data Protection Bill; Suggests Revisions

by Alston & Bird on

Illinois Governor Bruce Rauner vetoed a bill amending the state’s data breach notification law on August 21, 2015, saying in a letter to the General Assembly that the bill “goes too far, imposing duplicative and burdensome...more

Developer Tips: Top 11 Misperceptions about Section 106 of the National Historic Preservation Act

by Stoel Rives LLP on

Section 106 of the National Historic Preservation Act - Even experienced project proponents can get caught off guard by common misunderstandings about cultural resources protection laws. One of the most misunderstood...more

New Maine Budget Would Make Numerous Tax Changes

by Pierce Atwood LLP on

Hoping to avoid a potential government shutdown, this week the Legislature passed a biennial budget that once again makes significant tax changes, but stops well short of the major tax reform desired by many legislators. The...more

MN Special Session Jobs and Energy Bill Posted

by Stoel Rives LLP on

As a follow up to our prior coverage, Governor Dayton vetoed the jobs and energy bill that passed in the final few minutes of the 2015 regular legislative session. Governor Dayton’s veto letter can be found...more

North Carolina General Assembly Week in Review

by McGuireWoods LLP on

The Senate started its budget process this week, with a draft schedule being handed out to senators on Wednesday outlining precisely how the General Assembly can have a budget in place and approved by June 30. Distributed at...more

3 Vetoes; 2 Hearing Rooms; 1 Month ‘Til Shutdown

Vetoed Gov. Mark Dayton vetoed two more budget bills (he vetoed E-12 last week) over the last weekend. The latest vetoes mean there are even more issues for legislators and the Governor to resolve in a Special Session. No...more

House Bill Would Block EPA From Vetoing Dredge And Fill Permits Issued By Army Corps Of Engineers, and Other Recent CWA...

House Bill Would Block EPA From Vetoing Dredge And Fill Permits Issued By Army Corps Of Engineers: On March 3, 2015, West Virginia's entire House of Representatives delegation re-introduced a bill that is intended "to stop...more

The Keystone Pipeline Cleared Hurdles in Congress, But Was Tripped Up by Presidential Veto

by Moore & Van Allen PLLC on

This new year has been marked with a flurry of activity surrounding the approval of the Keystone XL Pipeline project. Following the changing of the guard in a new Republican-led Congress, Alaskan Senator Lisa Murkowski led...more

Natural Gas Pipeline Permitting Reform Act

by PretiFlaherty on

Last week, the U.S. House of Representatives voted to pass a bill to expedite federal review of some spects of proposed natural gas pipelines. Known as H.R. 161, the Natural Gas Pipeline Permitting Reform Act is officially...more

Environmental and Energy: Governor Vetoes Extension of Brownfield Cleanup Program Tax Credits (12/14)

by Bond Schoeneck & King PLLC on

On December 29, 2014, Governor Andrew Cuomo vetoed a bill that would have extended the availability of tax credits under New York State’s Brownfield Cleanup Program (BCP) until March 31, 2017....more

Governor Cuomo Vetoes His Own Common Core Bill

by Hodgson Russ LLP on

On Monday night, December 29, 2014, Governor Cuomo vetoed a bill that promised to protect “New York’s standing as a national leader in teacher evaluation.” Specifically, the legislation would have created a two-year safety...more

2014 May Be the Last Year for Valuable "Tax Extenders"

by Foley & Lardner LLP on

Last week, President Obama threatened to veto an agreement between Senate Democrats and House Republicans on a collection of tax breaks known as “tax extenders.” The deal would have been a huge win for manufacturing, because...more

"French Government Extends Its Veto Rights on Foreign Investments in Country’s Strategic Sectors"

On May 15, 2014, the French government published a decree extending its veto rights over foreign investments in French strategic sectors (the New Decree). The New Decree has been dubbed the “Alstom Decree” by the media, as it...more

Growth Equity: Who is in Control?

by Fenwick & West LLP on

As I discussed in an earlier article, growth equity (or growth capital) resides on the continuum of private equity investing at the intersection of venture capital and control buyouts. Growth capital is designed to facilitate...more

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