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False Claims Act: Defense-related Enforcement in Fy 2023 and on the Horizon

The headlines from the US Department of Justice’s (DOJ’s) recently released fiscal year 2023 civil fraud statistics may, on the surface, seem unremarkable. Indeed, the $2.7 billion topline number—reflecting total recoveries...more

Building Energy Contracts: Go Beyond Boilerplate

The complex, heavily regulated, and often-volatile environment within which energy companies must operate can magnify the importance of contractual arrangements, and the severity of repercussions when those arrangements do...more

Real-World Litigation Impacts of Clauses in Energy Contracts: Defining the Prevailing Party

When the term “prevailing party” is not carefully defined, it can lead to a result where your company or client is left without the possibility of recovering attorney’s fees or having to pay the other side’s attorney’s fees....more

Real-World Litigation Impacts of Contract Clauses in Energy Contracts: The Power of Merger Clauses

If you’ve ever been involved in negotiating a contract, whether for the provision of services or a $200 million energy transaction, you’ve likely seen a merger clause. They are typically universal in their use and, while the...more

US Supreme Court Case Questions Extent of EPA’s Authority to Regulate Greenhouse Gas Emissions

The US Supreme Court recently heard oral arguments in West Virginia v. the Environmental Protection Agency (EPA), a major environmental case questioning the extent of the EPA’s authority to regulate greenhouse gas emissions....more

A Conversation on Intersecting Identities, Advocacy, and Allyship

Women of intersecting identities—including race, gender identity, class, ethnicity, religion, sexuality, and disability—face unique challenges in the workplace. Morgan Lewis, the Hispanic National Bar Association (HNBA), the...more

US Supreme Court to Clarify ‘Exceeds Authorized Access’ Provision of Computer Fraud and Abuse Act

If an employee uses a work computer to access, for personal reasons, sensitive information that their employer said can only be accessed for work purposes, has the employee violated the federal Computer Fraud and Abuse Act...more

Facebook v. Duguid – US Supreme Court to Decide Crucial Issue Affecting TCPA Liability

Facebook v. Duguid heads for oral argument before the US Supreme Court on December 8. The case is set to clarify one of the most confusing aspects of the Telephone Consumer Protection Act’s text affecting TCPA liability...more

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