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Akin Gump Strauss Hauer & Feld LLP

Delaware District Court Clarifies That Enhanced Damages Are a Form of Relief, Not a Claim That Can Be Dismissed on a Motion under...

The District of Delaware recently denied a defendant’s motion to dismiss plaintiff’s demand for enhanced damages based on willful infringement pursuant to 35 U.S.C. § 284, explaining that neither a demand for damages under §...more

Venable LLP

(Un-)Leashing the Zone of Danger to Allow Emotional Distress Claims for Injuries to Companion Animals - Is the Concept of Family...

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Under the “zone of danger” doctrine, which New York state applies, a person does not need to be physically injured to recover for emotional distress under common-law negligence. ...more

Rivkin Radler LLP

Electronic Visit Verification (EVV): The New Frontier in Home Health Fraud Enforcement

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The 21st Century Cures Act (“Cures Act”) required states to adopt electronic visit verification (EVV) systems for Medicaid-covered personal care services (“PCS”) by January 1, 2020 and for home health care services (“HHCS”)...more

Hendershot Cowart P.C.

Can’t Fulfill a Contract? Ask These 3 Questions to Protect Your Business

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If you know your business won’t be able to fulfill a contract, the time to act is now: before you breach the contract. The more proactive you are with damage control, the more options you’ll have. Start with the three...more

Gordon Rees Scully Mansukhani

Colorado’s Evolving Malpractice Damages Framework: Legislative Increases and Supreme Court Guidance

The landscape surrounding Colorado’s healthcare malpractice damage caps continues to shift. Earlier this year, the Colorado General Assembly enacted wholesale changes to the Health Care Availability Act (HCAA). These changes...more

Parker Poe Adams & Bernstein LLP

Treasury Department Audit Effort Signals Continued Interest by Administration on Use of Small Business Contracting Programs

Last month, the U.S. Department of the Treasury launched a broad audit program that will review all preference-based federal contracts and task orders within the department and its bureaus — totaling roughly $9 billion in...more

Robins Kaplan LLP

Robins Kaplan Secures $5 Million Jury Verdict in New Jersey's First-Ever Clergy Sexual Abuse Trial Against Catholic Church Entity

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In a historic legal outcome, the national trial firm Robins Kaplan LLP announced it has secured a $5 million compensatory jury verdict on behalf of a survivor of child sexual abuse, T.M., against the Order of St. Benedict of...more

Patterson Belknap Webb & Tyler LLP

This Wallet Case Has Yet to Fold: Judge Komitee Denies Motion to Dismiss Patent Infringement Claims

On December 9, 2025, District Judge Eric Komitee (E.D.N.Y.) denied Defendant Bemmo, Inc.’s (Bemmo) motion to dismiss under Federal Rule of Civil Procedure 12(b)(6), finding Plaintiff The Ridge Wallet, LLC (Ridge Wallet) pled...more

Cornerstone Research

An Unreliable Approach to Class Certification in Antitrust Litigation

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A key question in class certification decisions in the United States is whether class-wide evidence can be used to determine whether the challenged conduct resulted in harm to all or almost all proposed class members....more

ArentFox Schiff

Compliance First: EPA’s New Enforcement Playbook Made Public

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Companies have long dreaded litigation filed by federal environmental regulators because such cases tended to last forever and posed financial and representational risk....more

Sands Anderson PC

Aircraft Lien Primer for Virginia’s Aviation Businesses

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Unpaid bills for work or services provided to aircraft owners and operators can create strong headwinds and turbulence for aviation businesses, threatening to throw even the most experienced operators off course....more

Morgan Lewis

‘Plastics Recycling Fraud’ and the Continued Expansion of Public Nuisance Claims

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In one of the first cases alleging “plastics recycling fraud,” a federal district court in California recently denied a motion to dismiss the plaintiffs’ public nuisance claim. Citing prior decisions in cases involving the...more

Lathrop GPM

Kentucky Federal Court Finds No Private Right of Action Under State Supplier Coercion Statute

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A federal court in Kentucky recently granted in part and denied in part a motion to dismiss a distributor’s claims related to its two distribution agreements with hydraulic excavator and shovel manufacturer Hitachi...more

Seyfarth Shaw LLP

Don’t Let Your Holiday Party Become a Lawsuit Wonderland

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It’s the most wonderful time of the year—until someone spikes the punch and your company lands on a naughty list. Holiday parties are great for spreading cheer, but they can lead to liability faster than the bartender can...more

UB Greensfelder LLP

What Businesses Should Know About Protecting Trade Secrets Under the Defend Trade Secrets Act

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When sensitive business information is taken or misused, companies often face a difficult combination of urgency and uncertainty. Trade secrets, whether technical processes, customer information, or proprietary strategies,...more

Fox Rothschild LLP

New York Revamps Law on Construction Access to Neighboring Property

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Gov. Kathy Hochul recently signed into law an amendment to Real Property Actions and Proceedings Law Section 881 (RPAPL 881), a statute that allows property owners performing construction to seek court-ordered license to...more

Blake, Cassels & Graydon LLP

Spoliation of Evidence: Supreme Court of Canada Set to Provide Guidance

In SS&C Technologies Canada Corporation v. Bank of New York Mellon Corporation, the Supreme Court of Canada is expected to provide national guidance on spoliation — the intentional destruction of relevant evidence to affect...more

Venable LLP

California's Updated Right of Publicity Statute Provides Increased Protection and Expedited Relief

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Last month, California Governor Gavin Newsom signed into law Senate Bill 683, which makes a significant addition to Civil Code § 3344, California’s Right of Publicity statute. With the amendment, § 3344 now expressly...more

Foley & Lardner LLP

How Following “Doctors’ Orders” Provided a Defense in a First Circuit FCA Case

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When it comes to False Claims Act (FCA) litigation, clinical laboratories often find themselves in the crosshairs. But the First Circuit’s decision in United States ex rel. Omni Healthcare v. MD Labs offers a strong reminder:...more

Fisher Phillips

Court Says Employer Can’t Use Injunction to Challenge NLRB Authority: Key Takeaways as Circuit Split Takes Shape

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Employers in the 3rd Circuit just received a warning that they cannot use federal court injunctions to halt NLRB proceedings, even when claiming that the Board’s structure is unconstitutional. Last week, the federal appeals...more

Vinson & Elkins LLP

5 Strategies to Reduce the Risk of a DOJ False Claims Act Investigation

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The Department of Justice (DOJ), via messaging from its leadership, has made clear it will prioritize and pursue aggressive civil False Claims Act (FCA) enforcement against companies that receive federal dollars....more

Robins Kaplan LLP

After centuries of courtroom battles, states breathe new life into undue influence claims

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When a person manipulates someone into changing their will, what’s a family member who finds themselves cut out of an inheritance to do?...more

ArentFox Schiff

Investigations Newsletter: CVS to Pay $37.8 Million to Settle Overbilling Claims

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CVS to Pay $37.8 Million to Settle Overbilling Claims - CVS Pharmacy, Inc. agreed to pay $37.8 million to settle several lawsuits in which the United States intervened that alleged that CVS over-dispensed and overbilled...more

Epstein Becker & Green

State Cannot Immunize Parties from Federal Civil Liability - SCOTUS Today

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While we U.S. Supreme Court practitioners and observers await decisions in several already-argued cases of great significance regarding the separation of powers and executive authority, the Court this morning issued a per...more

Seyfarth Shaw LLP

California Employment Contracts Must be Updated by January 1, 2026 for Stay-or-Pay Reforms

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Effective January 1, 2026, new California law prohibits stay-or-pay clauses in contracts of employment with limited exceptions. Under new Section 16608 of the California Business and Professions Code, effective January...more

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