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Akin Gump Strauss Hauer & Feld LLP

Delaware Supreme Court Reverses Court of Chancery in Moelis Stockholder - Agreement Dispute

In a unanimous en banc decision, the Delaware Supreme Court reversed the Court of Chancery’s ruling invalidating significant governance provisions of Moelis & Co.’s stockholder agreement. The Court concluded that the...more

Vinson & Elkins LLP

DOJ’s Prioritization of False Claims Act Cases Results in Settlements and Judgments Exceeding $6.8 Billion in FY 2025—the Highest...

Vinson & Elkins LLP on

The Department of Justice (“DOJ”) obtained more than $6.8 billion in civil False Claims Act (“FCA”) settlements and judgments in Fiscal Year (“FY”) 2025 — the highest recovery in a single year in the statute’s history and...more

Hanson Bridgett

U.S. v. Inland Empire Health Plan Will Be Major Test for DOJ’s FCA Theory Based on Expenditure of Medicaid Adult Expansion Funds

Hanson Bridgett on

After securing a number of settlements with California healthcare plans and providers in recent years related to the expenditure of Medicaid Adult Expansion funds, the United States faces a pivotal test of its theory under...more

Ervin Cohen & Jessup LLP

When Does the Time to Appeal Run for an Order Appointing a Receiver?

Q:      I was appointed receiver based on an ex parte motion. The court subsequently confirmed my appointment. The defendant vigorously opposed my appointment and has threatened to appeal. ...more

Benesch

Early Evidence? Not in This Court!: Supreme Court Clarifies Federal Rules Govern Over State Law

Benesch on

In Berk v. Choy, the Supreme Court held that a Delaware state law that requires plaintiffs bringing medical malpractice claims to set forth evidence of the suit’s merits via an affidavit of merit early in the case was...more

BCLP

Who Is Left Standing? Lawsuits over PRT Transactions after Thole

BCLP on

This column analyzes the differing outcomes in the Konya and Camire defined benefit cases as courts grapple with how to interpret Thole....more

Ervin Cohen & Jessup LLP

PAGA Standing Remains a Matter for the Courts Even After Arbitration

In light of the 2024 Private Attorney General Act (“PAGA”) Reforms, which now require an employee to have personally suffered a labor law violation to bring a PAGA claim, the California Court of Appeal recently addressed a...more

Eversheds Sutherland (US) LLP

House tax bill signals improved Tax Court efficiency

On December 1, 2025, the House of Representatives passed H.R. 5349, the “Tax Court Improvement Act,” with bipartisan support. The bill seeks to modernize several historically challenging aspects of tax administration. As...more

Purpose Legal

The Dangers of Do-It-Yourself (DIY) Forensics in eDiscovery

Purpose Legal on

Electronically stored information is now the backbone of virtually all litigated matters, regulatory inquiries, and internal investigations. Emails, mobile data, cloud platforms, collaboration tools, and system artifacts...more

Proskauer - California Employment Law

Plaintiffs Barred From Proceeding Pseudonymously

Plaintiffs (Jane Roe and John Doe) sued defendants, a daughter and mother, pseudonymously as “Jenna Smith” and “Mother Smith.” Jenna and Mother Smith told other students that John had sexually assaulted Jenna and Jane...more

Constangy, Brooks, Smith & Prophete, LLP

A loser of an ADA argument

Are you kidding me? Dear Readers, here is an ADA quiz. I’m not sure you’ll be able to handle it. It’s really, really hard. Your employee discloses that she has ovarian cancer that has metastasized to her liver. She...more

Proskauer - California Employment Law

Employee’s “Misinterpretation” of the Law Did Not Preclude Recovery on Whistleblower Claim

Contreras v. Green Thumb Produce, Inc., 116 Cal. App. 5th 1251 (2025) Manuel Contreras mistakenly determined that his former employer (Green Thumb Produce) was violating the state’s Equal Pay Act (EPA) by paying him less than...more

Proskauer - California Employment Law

Three-Year Workplace Violence Restraining Order is Upheld

The County obtained a three-year Workplace Violence Restraining Order (WVRO) pursuant to Cal. Code Civ. Proc. § 527.8 that protected “nonparty Samuel S.” from Neill Francis Niblett. Prior to the issuance of the WVRO, both men...more

Proskauer - California Employment Law

Case Was Properly Dismissed Under 5-1/2 Year Rule

Teresa Randolph sued her former employer for employment discrimination, whistleblower retaliation and termination of her employment. The trial court dismissed the action based on Randolph’s failure to bring the action to...more

Proskauer - California Employment Law

Employees Who Rescind Individual Settlement Agreements Might Have to Repay Compensation Received

After Jessica Garcia filed a putative class action for unpaid wages against her former employer (The Merchant of Tennis), the employer entered into approximately 954 individual settlement agreements (ISAs) with employees...more

Proskauer - California Employment Law

Employer Waived Arbitration by Litigating in Court For More Than Four Years

For more than four years, Sierra Pacific defended against this wage and hour class action, “remaining silent on the subject of arbitration and refusing to produce arbitration agreements signed by putative class members,...more

Proskauer - California Employment Law

Motion to Compel Arbitration Was Improperly Denied

Talia Shayla Alexis Wise sued her former employer (Tesla) for disability discrimination and related claims. In response, Tesla filed a motion to compel arbitration, which the trial court denied after determining that the...more

Proskauer - California Employment Law

Arbitrator’s Error in Awarding Attorney’s Fees Did Not Warrant Vacatur

The district court confirmed an arbitration award in favor of Jennifer Gates under the Fair Labor Standards Act and Arizona state law, and denied VIP Mortgage’s petition to vacate the award of unpaid overtime wages,...more

Proskauer - California Employment Law

Miscellaneous PAGA Developments

LaCour v. Marshalls of CA, LLC, 2025 WL 3731034 (Cal. Ct. App. 2025) (Arbitration agreement that existed before Viking River Cruises, Inc. v. Moriana, 596 U.S. 639 (2022) could not result in compelled arbitration of...more

McGuireWoods LLP

Why Would a Litigant Ever Concede a Document It Produced Wasn’t Privileged?

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In many, if not most, cases, a litigant producing documents aggressively claims privilege protection, presumably figuring that “there’s no harm in asking.” But sometimes there is. In Berkovec v. Blue Matrix I, LLC, Index...more

Proskauer - California Employment Law

January California Employment Law Notes

We invite you to review our newly-posted, January 2026 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law...more

White and Williams LLP

In a Rare Display of Unanimity, the U.S. Supreme Court Rules That State Affidavit of Merit Requirements Do Not Apply in Federal...

White and Williams LLP on

This past October, we reported on the United States Supreme Court’s decision to grant certiorari to resolve a long-standing dispute among federal circuit courts as to whether state affidavit of merit requirements apply to...more

Farrell Fritz, P.C.

Hindsight Isn’t Fraud: The Commercial Division’s Latest Word on Release Enforcement

Farrell Fritz, P.C. on

In settlement agreements, a valid release serves as a critical mechanism for resolving disputes between parties.  By its terms, a release is intended to extinguish all claims, both those that are known and unknown to the...more

Polsinelli

Sixth Circuit Holds the Line on FCA Qui Tam Challenges as Eleventh Circuit Looms

Polsinelli on

Key Takeaways: Sixth Circuit FCA precedent remains intact. The Sixth Circuit declined to entertain constitutional challenges to the FCA’s qui tam provisions, emphasizing that binding circuit precedent forecloses arguments...more

Arnall Golden Gregory LLP

Landmark $8.75M AGG Class Action Settlement Against UnitedHealthcare Receives Final Approval

Key Takeaways - Court approves landmark settlement expanding access to proton beam radiation therapy (PBRT). Final approval of an $8.75 million ERISA class action settlement requires UnitedHealthcare to revise its PBRT...more

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