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Supreme Court Signals Interest in Clarifying Pleading Requirements in False Claims Act Suits

The Supreme Court (Court) will soon decide whether to take up a critical (and long-running) issue concerning applicability of Federal Rule of Civil Procedure 9(b) pleading standards in False Claim Act (FCA) suits. To satisfy...more

Supreme Court Signals Support for Broad Ministerial Exception in Education

The U.S. Supreme Court on Feb. 28, 2022, denied a petition for writ of certiorari in an important ministerial exception case, Gordon College v. DeWeese-Boyd. The religious college had appealed a 2021 decision from the...more

Decision on Race-Based Admissions in K-12 May Serve as National Guide

On Jan. 24, 2022, the U.S. Supreme Court agreed to hear two cases on the use of race in undergraduate admissions. Just one month later, federal district courts were already beginning to hear challenges to similar programs...more

Mandatory Vaccination Coverage Expanded in Practice for All Federal Contractors and Subcontractors

As McGuireWoods noted in a Sept. 10 alert, Sept. 20 FAQs and Sept. 27, 2021 update, part of the Biden administration’s COVID-19 vaccination mandates applies only to federal contractors and subcontractors. And, even then, the...more

U.S. Supreme Court Declines to Clarify False Claims Act Falsity Standard

The U.S. Supreme Court recently declined to address a circuit split regarding the standard for establishing that a statement material to a claim for payment is false under the False Claims Act (FCA); specifically, whether the...more

SEC Announces a New Climate and ESG Task Force

Yesterday, the Securities and Exchange Commission (SEC) announced a new “Climate and ESG Task Force” to be housed within its Division of Enforcement and to be led by Acting Deputy Director of Enforcement Kelly L. Gibson. Ms....more

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