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Read Civil Remedies updates, alerts, news, and legal analysis from leading lawyers and law firms:
Cadwalader, Wickersham & Taft LLP

DOJ’s False Claims Act Message for the Year Ahead

In 2025, the U.S. Department of Justice (“DOJ”) wielded the False Claims Act (“FCA”) to obtain the highest dollar value of settlements and judgments in the statute’s history: $6.8 billion....more

Freeman Mathis & Gary

2025 FMG Insurance Coverage Annual Report

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A summary of the year’s important insurance coverage and extra-contractual cases within FMG’s footprint across the country. State Farm Automobile Ins. Co., v. Orlando - In vacating the Court of Appeals’ opinion, the...more

Seyfarth Shaw LLP

Left With Nothing But An Injunction: Fifth Circuit Vacates $75 Million Trade Secret Verdict After Plaintiff Fails to Apportion...

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In a case that should stand as a strong reminder to apportion your damages whenever possible, the Fifth Circuit Court of Appeals affirmed a significant post‑trial ruling in Trinseo Europe GmbH v. Harper, et al., upholding the...more

Buchalter

Rescission: An Equitable Remedy Not to be Overlooked by Tenants

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Rescission is an equitable remedy that restores parties to a contract to their former status by undoing the original transaction. Until recently, proving the landlord’s material breach to rescind a commercial lease was...more

Frantz Ward LLP

Don’t Forget the Damages

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During litigation, it’s easy to focus on the merits without addressing how much you are seeking to recover. Sometimes a party is so focused on fault that they disregard the obligation to prove the extent of damages with...more

Schilling Law LLC

The Jack Reid Law: Five Best Practices for New York Private Schools To Navigate Reports of Bullying and Harassment

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Following a recent change to New York law, New York City’s independent schools are now required to adopt policies and procedures to protect students from bullying, both on and off-campus.  On October 23, 2025, Governor Hochul...more

Kilpatrick

7 Key Takeaways | Annual Update on Recent Trademark Case Law

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Kilpatrick partner Ted Davis spoke recently on recent developments in U.S. trademark and unfair competition law during Kilpatrick’s advanced trademark seminar....more

Bradley Arant Boult Cummings LLP

Supreme Court Holds That Restitution Is a Criminal Penalty; Decision Portends New Constitutional Arguments

On January 20, 2026, in Ellingburg v. United States, 607 U.S. ____ (2026), the Supreme Court considered whether the Ex Post Facto Clause applies to the Mandatory Victim Restitution Act (MVRA), the statutory basis for most...more

Bradley Arant Boult Cummings LLP

First Material Breach: The “No Recovery” Rule

A contract is an exchange of promises that the law will enforce. Contract law provides that promises are enforceable, under what circumstances, and the available remedies....more

Oberheiden P.C.

Qui Tam Whistleblowers: FAQs and Possible Compensation

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Individuals who witness fraud against government programs face critical decisions about whether to come forward, what legal protections exist, and what financial compensation they might receive for their role in exposing...more

Husch Blackwell LLP

DOJ’s Annual Report and Civil Fraud Leadership Suggests FCA Cases Will Dominate 2026 Enforcement Efforts

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The Department of Justice (“DOJ”) recently released its 2025 statistics for federal False Claims Act cases. With settlements and judgments exceeding $6.8 billion last year, DOJ’s report shows that the False Claims Act (“FCA”)...more

Rivkin Radler LLP

Applying the Federal Priority Statute to The Attorney as Client’s “Corporate Executive”

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Over their career, every tax practitioner has had many client-taxpayers against whom a government’s taxing authority – be it federal, state, or local – has asserted and then assessed a tax deficiency. There are many...more

King & Spalding

Texas Appellate Court Reverses $27 Million Prejudgment Interest Award Entered Against Credit Suisse

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On October 21, 2025, the Texas Court of Appeals reversed a trial court’s award of nearly $27 million in prejudgment interest entered against Credit Suisse on remand after previously holding that settlement credits reduced a...more

Arnall Golden Gregory LLP

Victory for VARA: Federal Court Awards Artist Maximum Damages for Willful Violation of Moral Rights

Key Takeaways - Damages awards for Visual Artists Rights Act (“VARA”) violations are not precluded by copyright infringement damages awards. The plaintiff’s VARA award was in addition to an award of actual damages for...more

Roetzel & Andress

Enforce Your Rights, Maximize Your Remedies: The Importance of Timely Copyright Registration

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Copyright is a key component of intellectual property law, designed to protect original works of authorship that are fixed in a tangible medium. For companies and creatives, copyright applies to a broad range of assets,...more

Goldberg Segalla

Asbestos Plaintiff’s Declaratory and Injunctive Relief Claims Dismissed as Nonjusticiable

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Jurisdiction: United States District Court for the Eastern District of Louisiana - The Avondale defendants, Huntington Ingalls Inc. and its alleged liability insurers, moved to dismiss plaintiff Dennis Arceneaux’s claims for...more

The Volkov Law Group

Episode 391 — DOJ Reports Record-Breaking False Claims Act Recoveries in 2025

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The Justice Department has increased False Claims Act prosecutions, reflecting a continued focus on healthcare fraud and a new initiative on trade fraud....more

Morgan Lewis

District Courts Deepen Divide Over Design Patent Profit Disgorgement for Section 289 Damages

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Federal courts continue to grapple with whether profit disgorgement for design patent infringement is a legal remedy for juries or an equitable remedy for judges, an issue the US Court of Appeals for the Federal Circuit has...more

Sands Anderson PC

Court of Appeals Affirms Norfolk Decision in Long-Standing Inverse Condemnation Case

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The recent Morgan v. City of Norfolk decision provides a detailed look at how Virginia courts approach inverse condemnation claims tied to multi-phase construction projects. The Court’s analysis offers practical lessons on...more

Amundsen Davis LLC

Independent Contractors in Wisconsin Can Create Additional Liability for Employers in the Form of Negligent Supervision Claims

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In Wisconsin, negligent supervision claims are only available when there is an employer-employee relationship. Independent contractor (“IC”) or agency relationships do not suffice and, crucially, the individual must be an...more

Pietragallo Gordon Alfano Bosick & Raspanti,...

Governor Shapiro Uses his Annual Budget Address to Call for Pennsylvania to Finally Pass a State False Claims Act

In a move to fortify the Pennsylvania treasury’s defenses against fraud, Governor Josh Shapiro utilized his 2026-2027 Budget Address earlier today to call for the creation of a Pennsylvania state False Claims Act (“FCA”). ...more

Mayer Brown

Civil Liability - The Supreme Court of the French Judicial System Establishes a General Duty of Environmental Vigilance

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The second half of 2025 was marked by the Cour de cassation’s recognition of a general duty of vigilance in environmental matters. More precisely, by two decisions published in its official report (Cass. civ. 1st, 24...more

The Volkov Law Group

DOJ’s False Claims Act Bread and Butter — The Healthcare Industry (Part II of II)

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Healthcare fraud continues to plague providers, managed care, and drug companies. $5.7 billion of the $6.8 billion recovered by DOJ was generated from the healthcare industry. There is a bottomless pit of possible targets....more

Baker Botts L.L.P.

Supreme Court to Resolve Circuit Split Regarding the SEC’s Authority to Seek Disgorgement

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On January 9, 2026, the U.S. Supreme Court granted a writ of certiorari in SEC v. Sripetch, 154 F.4th 980 (9th Cir. 2025) to resolve a Circuit split concerning what the U.S. Securities and Exchange Commission (“SEC”) must...more

DLA Piper

Charter Rights In Civil Contempt: Ontario Says Yes, Alberta Says No

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Section 11 of the Canadian Charter of Rights and Freedoms (the Charter) affords protections to persons "charged with an offence." But does s. 11 of the Charter apply to civil contempt proceedings in Alberta? We recently...more

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