The US Court of Appeals for the Ninth Circuit denied a petition for panel rehearing and rehearing en banc and issued an amended opinion that reversed a district court’s decision regarding the False Claims Act’s (FCA) public...more
In an opinion released on March 10, 2022, California Attorney General Rob Bonta addressed the applicability of the “right to know” under the California Consumer Privacy Act (CCPA) (pdf) to internal inferences that...more
In the first of its kind “opinion” from the California Office of the Attorney General (“OAG”), the agency addressed the question of whether a consumer’s “right to know” what personal information a business holds about the...more
Key Takeaways - - The Ninth Circuit’s recent decision in Schwake v. Arizona Board of Regents is the latest to highlight the need for fair process in college and university disciplinary proceedings involving sexual...more
The decision and damages awarded to Marcus Gray, Emanuel Lambert, and Chike Ojukwu in the Katy Perry “Dark Horse” copyright infringement case last week have the attention of the music industry. We provided some commentary...more
Bass, Berry & Sims attorney Chris Lazarini commented on a case in which a defendant – convicted in a criminal proceeding of knowingly and willfully making false statements to investors, regulators, an outside accountant and...more
The New Jersey Appellate Division recently held that in an age discrimination case, the fourth element of the plaintiff’s prima facie burden—that plaintiff was replaced (or the employer sought a replacement) by someone...more
In a decision in favor of the University of Pennsylvania entered on August 7, 2013, the Third Circuit Court of Appeals reviewed the “but for” standard for liability under University of Texas Southwestern Medical Center v....more
Direct evidence of a matter at issue will not always be available; consequently, civil litigants may sometimes establish facts effectively and conclusively with circumstantial evidence. Nielsen v. City of Sarasota, 117 So. 2d...more