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11th Circuit Court of Appeals Granted AAER’s Preliminary Injunction against Fearless Fund

American Alliance for Equal Rights (“AAER”) sued Fearless Fund Management LLC (“Fearless”) (a black women-run company) for alleged violation of Section 1981 of the Civil Rights Act of 1866. After the Northern District of...more

Five Things to Know Regarding American Alliance for Equal Rights v. Fearless Fund

American Alliance for Equal Rights (AAER) is suing Fearless Fund Management LLC (a black women-run company) for claims of racial discrimination and violations of Section 1981 of the Civil Rights Act of 1866 (Civil Rights...more

Carbon Neutrality Suit Against Delta Airlines Signals the Arrival Time of “Greenwashing” Litigation

A recent class action filed against Delta Airlines is among the first major consumer cases targeting claims of carbon neutrality. The complaint, filed in Mayanna Berrin v. Delta Airlines Inc., No. 2:23-cv-04150 (C.D. Cal.) on...more

2022 NFT Litigation Roundup

The emergence of non-fungible tokens (NFTs) has spawned novel legal and regulatory considerations, spanning intellectual property rights, the potential classification of NFTs as securities, the recovery of assets held on...more

Top Trends in Digital Assets for 2022

It's no secret that cryptocurrency markets and the larger digital assets economy have been roiled by recent instability, resulting in discussions about how regulatory initiatives, rising inflationary pressure, and public...more

POTUS Issues Executive Order Directing Study of Digital Assets

On March 9, 2022, President Joe Biden signed the “Executive Order on Ensuring Responsible Development of Digital Assets” (the order), outlining his administration’s intention to begin a strategic review of potential...more

DOJ Warns White Collar Bar It Is Coming After Individuals

On March 3, 2022, at the American Bar Association’s National Institute on White Collar Crime, Attorney General Merrick Garland emphasized in a keynote address the Biden Administration’s stated priority to increase corporate...more

The FTC Initiates Rare Enforcement Action in Case Against Franchisor Burgerim

The FTC filed suit against California fast food franchisor Burgerim in early February. The case is the FTC’s first major enforcement action against a franchisor in about a decade....more

Employee charged with COVID relief fraud? Questions for GCs

The United States Department of Justice (DOJ) already has publicly charged almost 500 defendants with criminal offenses based on fraud schemes connected to the COVID-19 pandemic. Unfortunately, these prosecutions can have...more

Five Developments Identified in Criminal and Civil Enforcement of PPP Loans

Recently, the Beverly Hills Bar Association in California sponsored a panel presentation on “PPP Enforcement Trends,” whose panelists included a high-level prosecutor from the United States Attorney’s Office and other leading...more

DOJ Announces Procurement Collusion Strike Force

On November 5, the Department of Justice (DOJ) Antitrust Division announced the establishment of the Procurement Collusion Strike Force (PCSF). The PCSF aims to deter, detect, investigate, and prosecute antitrust crimes and...more

Supreme Court Maximizes Statute of Limitations for Relators Suing Under the False Claims Act

Health care providers, government contractors, and others who receive money from the federal government are at greater risk of suit under the False Claims Act (FCA), 31 U.S.C. §§ 3729 et seq., following the Supreme Court’s...more

New DOJ Guidance on Cooperation in False Claims Act Cases

On May 7, 2019, the Department of Justice (DOJ) released guidance for civil prosecutors in determining how to assess cooperation in False Claims Act (FCA) cases. See DOJ’s press release and its revised manual. In particular,...more

Health Care Company Asks U.S. Supreme Court to Find False Claims Act Unconstitutional

If one appellant has its way, the False Claims Act (FCA) would be gutted by way of its qui tam provisions struck down as unconstitutional by the United States Supreme Court. That is the position taken by Intermountain Health...more

DOJ Announces Changes to the Yates Memo Policy on Individual Accountability

On Thursday, November 29th, the U.S. Department of Justice (DOJ) announced changes to its policy known as the “Yates Memo.” That policy, established in 2015 by then-Deputy Attorney General Sally Yates, had required companies...more

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