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Tribes: Act Now to Take Advantage of Supreme Court's Decision on Contract Support Costs

The U.S. Supreme Court ruled on June 6, 2024, that the Indian Health Service (IHS) must pay contract support costs with respect to program income – payments from Medicare, Medicaid and private insurers – received by tribes...more

The "Inevitable Disclosure" Doctrine and the DTSA

The "inevitable disclosure" doctrine permits the plaintiff in a trade secrets case to establish threatened misappropriation by showing that the defendant's new employment will inevitably lead the defendant to rely on the...more

New York Statute of Limitations on Mortgage Debt Governed by GOL Section 17-105, Not 17-101

A recurring issue in New York mortgage lending is under what circumstances the state's six-year statute of limitations on mortgage debts is extended or revived. The New York Court of Appeals ruled recently that this issue is...more

Third Circuit Illuminates Several Issues in Trade Secret Litigation

Two recent decisions by the U.S. Court of Appeals for the Third Circuit shed light on several recurrent issues that arise in trade secret litigation under the federal Defend Trade Secrets Act (DTSA) and related state acts....more

Non-Disclosure Agreements and Trade Secrets: 12 Points to Consider

When businesses share their trade secrets or confidential information with employees or third parties (a franchisee, a joint venture partner, a potential buyer, etc.), they rely on trade secret law and on non-disclosure...more

How Will President's New Executive Order on Non-Compete Agreements Affect Employers?

President Joe Biden on July 9, 2021, issued a wide-ranging Executive Order intended to promote competition in the American economy. Among other things, it encourages the Federal Trade Commission (FTC) to ban or limit...more

Department of Justice Issues New Guidance on How It Evaluates Compliance Programs

Last week, the DOJ Criminal Division published a guidance document entitled "Evaluation of Corporate Compliance Programs" (ECCP). This document is meant to assist prosecutors in determining what credit should be given to a...more

Pre-Discovery Trade Secret Identification Under The DTSA

A previous post on this blog (Nov. 21, 2018) analyzed state laws that require a plaintiff suing for trade secret misappropriation to identify its alleged trade secret(s) with particularity, before discovery begins. As...more

Trade Secrets and Non-Disclosure Agreements

The owner of a trade secret must take reasonable measures to keep the information secret in order to claim protection under the federal Defend Trade Secrets Act (DTSA) or state trade secrets acts. Yet, in order to conduct...more

Whether the “Economic Loss Rule” Applies To DTSA Claims

A trade secret misappropriation claim can arise from the same facts as, and be joined with, a claim for breach of contract by the defendant, such as a breach of a covenant not to compete or breach of a non-disclosure...more

You Can’t Sue the Government Under the Federal Trade Secret Act

It's an old aphorism that "you can't fight City Hall." Now it's time to add a related aphorism: "you can't sue the government under the federal Defend Trade Secrets Act (DTSA) for disclosing your trade secrets" – at least so...more

Limitations Period Doesn't Apply to Tribal Claim for Mismanagement of Trust Funds - Court of Federal Claims Ruling May Expand...

• A decision by the Court of Federal Claims has important implications for breach of trust claims involving tribal trust funds. • Most claims for mismanagement of tribal trust resources are limited to the six-year period...more

Will DOJ Dismiss More Meritless Qui Tam Actions?

Is the U.S. Department of Justice (DOJ) going to dismiss more meritless qui tam actions brought under the False Claims Act (FCA)? At a conference on Oct. 30, 2017, Michael Granston, the Director of DOJ's Civil Fraud Section,...more

D.C. Circuit Awards Navajo Nation $15.7 Million in Additional Annual ISDEAA Funding

Court: Bureau of Indian Affairs Failed to Act in Timely Manner on Tribal Funding Proposal - The U.S. Court of Appeals for the District of Columbia Circuit on April 4, 2017, ruled that the Navajo Nation is entitled to...more

Justice Department Reveals How It Evaluates Corporate Compliance Programs

The U.S. Department of Justice (DOJ) Fraud Section recently published its "Evaluation of Corporate Compliance Programs" that lists 1) the topics it explores and 2) the questions it asks when it assesses the effectiveness of a...more

State, Local Taxes on Tribal Leases Vulnerable After California Court Order

Indian country may be close to another victory against state and local taxes. On Feb. 8, 2016, a California district court issued an order that signals it is likely to invalidate Riverside County's imposition of a possessory...more

D.C. Circuit Upholds FTC Ruling on Deceptive Advertising; Rejects First Amendment Challenge

In a much-awaited decision on Friday, January 30, the D.C. Circuit upheld the Federal Trade Commission’s decision that pomegranate juice maker POM Wonderful LLC engaged in false or misleading advertising by claiming its...more

It’s Time to Re-Think the False Claims Act

The federal False Claims Act (FCA) is one of the government’s primary weapons in combating fraud by federal contractors, federal grantees and recipients of federal benefits. Since 1986, when the FCA was restructured into its...more

New Legislation Would Revamp Suspension and Debarment

On October 29, 2013, the House Oversight and Government Reform Committee approved a bill to restructure suspension and debarment from federal procurement and non-procurement programs. The Stop Unworthy Spending (SUSPEND) Act...more

D.C. Circuit Invalidates Lengthy Exclusion

A recent decision by the D.C. Circuit underscores the large amount of discretion that federal agencies have in determining the length of a debarment or exclusion imposed on a government contractor or program participant....more

Suspensions and Debarments of Government Contractors Increase

Last year Congress and the Office of Management and Budget pushed federal agencies to become more aggressive about suspending and debarring contractors. In October of 2011, a Government Accountability Office report found that...more

9/27/2012  /  EPLS , GAO , Suspensions & Debarments

Establishing a Culture of Ethical Behavior and Legal Compliance: Finding Perspective After Penn State and the Freeh Report

Ethical behaviors and legal compliance within any educational institution cannot be presumed; they must be cultivated, monitored and enforced. It is a team effort. It begins with senior leadership, including an informed and...more

9/24/2012  /  Child Abuse , Penn State , Sexual Abuse

Suspension and "Guilt by Association"

A recent federal court decision highlights two important issues relating to excluding contractors from participation in federal government contracting: (1) suspension, and (2) "affiliation."...more

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