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K&L Gates LLP

Third-Party Litigation Funding in England and Wales Post-PACCAR: Where Are We Now?

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In our earlier alert on third-party funding (TPF) and the UK Supreme Court’s decision in PACCAR, we discussed the initial industry reaction, subsequent litigation, and legislative reform proposals (at the time, through the...more

McDermott Will & Emery

This Week in 340B: January 7 – 13, 2025

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Find this week’s updates on 340B litigation to help you stay in the know on how 340B cases are developing across the country. Each week we comb through the dockets of more than 50 340B cases to provide you with a quick...more

Bass, Berry & Sims PLC

DOJ Releases Annual Civil Fraud Recovery Statistics and Results… Our Look Behind the Numbers

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On January 15, the Department of Justice (DOJ) released its annual report on civil fraud recoveries for FY2024 along with a press release highlighting DOJ’s civil enforcement efforts....more

Marshall Dennehey

Without Deciding Whether the 4th District Court Reached the Correct Result Under Fla. Stat. §627.7252(2)(a)4’s Actual Text, the...

Marshall Dennehey on

Apex Roofing & Restoration LLC a/a/o Monica Williams v. United Auto. Ins. Co., Fla. 1st DCA, No. 1D2022-3990, October 2, 2024 - Prior to suit, USAA’s insured assigned her rights to Apex via an Assignment of Benefits (AOB)...more

Potomac Law Group, PLLC

Fourth Circuit Dismisses Challenge to SBA 8(a) Business Development Program

Earlier this month, the United States Court of Appeals for the Fourth Circuit issued a decision dismissing a challenge to the Small Business Administration’s 8(a) Business Development Program. You can read a copy of the...more

Saul Ewing LLP

Pennsylvania Judge Rejects Loan Provider’s Effort to Enforce Arbitration and Class Action Waiver Clauses Found in Smartphone App

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For the past decade, many courts have found class action waivers in consumer contracts to be valid and enforceable under the Federal Arbitration Act. However, recently, the Allegheny Court of Common Pleas in Pittsburgh...more

Hinshaw & Culbertson LLP

Wu v. Uber Tech., Inc.: New York State's Highest Court Issues a Veritable Instruction Manual for Drafting Enforceable Clickwrap...

Just before the 2024 holiday season, in Wu v. Uber Tech., Inc.,[i] New York State's Court of Appeals, the state's highest court, issued a veritable instruction manual for those involved in the online provision of consumer...more

Kerr Russell

Countdown to Tariffs: Are your contracts ready?

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President-elect Donald Trump has threatened to impose sweeping tariffs on imported goods immediately upon taking office on January 20, 2025. Those tariffs could have an immediate impact on the U.S. supply chain for goods, as...more

The Volkov Law Group

The FCPA Year in Review — More of the Same with Some Twists (Part I of III)

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With the end of the Biden Administration, it is hard to identify a consistent theme relating to FCPA enforcement.  On the one hand, the Biden Administration talked a big game, elevating the anti-corruption fight as a national...more

PilieroMazza PLLC

SBA Update: New Rule Makes Major Changes to Eligibility and Certification Requirements for HUBZone Program

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As PilieroMazza noted on December 17, 2024, the Small Business Administration (SBA or the Agency) published a final rule that will make changes to its regulations for the Historically Underutilized Business Zone (HUBZone)...more

Blake, Cassels & Graydon LLP

2025 Outlook on Canadian Web Accessibility Regulations

Web accessibility regulations that apply to private-sector businesses operating in Canada continue to develop. The federal government recently announced a consultation on the web accessibility obligations that federally...more

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides E.M.D. Sales, Inc. v. Carrera

On January 15, 2025, the U.S. Supreme Court decided E.M.D. Sales, Inc. v. Carrera, No. 23-217, holding that the Fair Labor Standards Act of 1938 requires an employer to demonstrate by a preponderance of the evidence, rather...more

Bennett Jones LLP

Alberta's Data Centre Advantage: A Growing Hotspot for Critical Digital Infrastructure

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The rapid advancement of artificial intelligence (AI) and machine learning is reshaping industries worldwide, with Alberta emerging as a key destination for AI investments. As nations compete to lead in this transformative...more

Faegre Drinker Biddle & Reath LLP

New HSR Act Size-of-Transaction Increasing to $126.4 Million

On January 10, 2025, the Federal Trade Commission (FTC) published its adjusted reporting thresholds under the Hart-Scott-Rodino Antitrust Improvements Act of 1976, as amended (HSR Act). The FTC revises the HSR Act thresholds...more

Bradley Arant Boult Cummings LLP

DOJ Reports Substantial Procurement Fraud Recoveries in FY 2024

The Department of Justice (DOJ) recently announced that it obtained more than $2.9 billion in False Claims Act (FCA) settlements and judgments in the fiscal year ending Sept. 30, 2024. DOJ reports that matters that...more

McDermott Will & Emery

Just Compensation Based on Hypothetical Negotiation

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In a long-standing copyright dispute on its second visit to the US Court of Appeals for the Federal Circuit, the Court affirmed the modest damages award from the US Court of Federal Claims, ruling that a hypothetical...more

Bass, Berry & Sims PLC

Supreme Court Clarifies Employer’s Burden of Proof Standard for Establishing Overtime Exemptions

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A unanimous Supreme Court recently clarified the burden of proof an employer must meet to establish that an employee is exempt from the overtime pay requirements of the Fair Labor Standards Act (FLSA). Prior to this decision,...more

Kilpatrick

COVID All-Risk Policies

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In a ruling that bucked the national trend, the North Carolina Supreme Court recently held that restaurants’ business interruption losses caused by the COVID shutdown were covered under an all-risk property policy. North...more

Morgan Lewis

Amendments to the Rules for Organizing Renewable Energy Auctions in Kazakhstan

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A recent order by the Acting Minister of Energy of the Republic of Kazakhstan made amendments to the rules for organizing and conducting auctions for renewable energy source projects. The order will go into effect on February...more

Troutman Pepper Locke

Cannabis Rescheduling: ALJ Cancels Upcoming Hearings on Proposed Rulemaking

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Hearings on the merits of the Drug Enforcement Agency’s (DEA) proposed cannabis rescheduling, initially set to begin this month, have been cancelled. The preliminary hearing period has been littered with accusations that the...more

Ballard Spahr LLP

CFPB proposes rule to ban consumer contract terms bureau says limit ‘fundamental freedom’

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The CFPB has published a proposed rule that would ban companies from using contract clauses that the bureau said limit fundamental freedom, including those that waive a consumer’s legal rights and fine print that suppresses...more

Bradley Arant Boult Cummings LLP

Practical Considerations for Navigating Tariff Risk on Construction Projects

As the second Trump administration begins next week, developers, contractors, subcontractors and suppliers are evaluating the extent of the construction industry’s international ties – and contractual exposure to potential...more

Davies Ward Phillips & Vineberg LLP

Comments on Competition Bureau’s Consultation on its Merger Enforcement Guidelines

Davies recently submitted comments in response to consultations initiated by the Canadian Competition Bureau’s November 7, 2024 Discussion Paper on the Bureau’s review of its Merger Enforcement Guidelines (MEGs) to better...more

Davis Wright Tremaine LLP

From Confusion to Clarity: A Guide to Handling Concurrent Delays in Construction Projects

Over the years, general contractors and commercial developers have debated their rights during a concurrent delay. When a concurrent delay happens, the question arises: should the general contractor receive a) an extension of...more

Proskauer - Law and the Workplace

SCOTUS:  No Heightened Standard of Proof Required for FLSA Exemption Defense

In E.M.D. Sales, Inc. v. Cabrera, issued on January 15, 2025, the Supreme Court held that the “preponderance of the evidence” standard—and not the more difficult-to-satisfy “clear and convincing evidence” standard—applies...more

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