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Snell & Wilmer

Alaska’s Legal Challenge to Tribal Gaming

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The State of Alaska (the “State” or “Alaska”) is asking a D.C. federal judge to bar an Alaska Native tribe from operating a gaming hall in Anchorage while the State challenges federal authorization for the facility. The State...more

Bass, Berry & Sims PLC

False Claims Act Gives Broad Dismissal Authority to Government, District Judge Says

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On April 2, the United States District Court for the Eastern District of Virginia dismissed a whistleblower’s False Claims Act (FCA) action after the relator attempted to dismiss the government as a plaintiff-intervenor in...more

Perkins Coie

Leveling the Playing Field? Developing Discovery Strategies in CFTC Civil Enforcement Actions

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The Commodity Futures Trading Commission’s Division of Enforcement wields immense power in civil enforcement actions. It often seeks financial sanctions, including hefty financial penalties, and injunctive relief that can...more

Holland & Hart LLP

Idaho's Abortion Statute: EMTALA Exception Narrowed

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Last week, the US District Court for the District of Idaho entered another preliminary injunction prohibiting enforcement of Idaho’s Total Abortion Ban (IC § 18-622) if the abortion is necessary to stabilize a pregnant woman...more

Holland & Knight LLP

There Is No Right Path

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Everyone has their own unique career path. In this episode of "The Trial Lawyer's Handbook," litigation attorney Dan Small shares his personal journey, highlighting how he initially planned to become a teacher before three...more

PilieroMazza PLLC

No More Free Passes? New Order Forces Plaintiffs to Pay for Injunctions Against the Federal Government

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In a bold move to curb the growing number of lawsuits halting the implementation of recent executive policies, the Trump administration issued an executive order, “Ensuring the Enforcement of Federal Rule of Civil Procedure...more

Latham & Watkins LLP

First Circuit Reins In Broad Theory of Liability Under AntiKickback Statute by Adopting “But-For Causation” Standard

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The First Circuit joins the Sixth and Eighth Circuits in adopting a more exacting causation standard for False Claims Act liability premised on Anti-Kickback Statute violations. In a victory for False Claims Act (FCA)...more

Seyfarth Shaw LLP

ADA Title III Federal Lawsuit Numbers Rebound to 8,800 in 2024

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The two-year decline in ADA Title III filings stopped in 2024, with plaintiffs increasing filings back to 8,800 complaints in 2024....more

Bradley Arant Boult Cummings LLP

First Circuit Joins Other Circuits in Adopting Stricter Causation Standard in FCA Cases Based on Anti-Kickback Statute

On February 18, 2025, the First Circuit joined the Sixth and Eighth Circuits in adopting a “but for” causation standard in cases involving per se liability under the federal Anti-Kickback Statute (AKS) and the False Claims...more

Holland & Hart - Your Trial Message

Help to Protect the Rule of Law

Everyone who works with our court systems, including those who work in civil litigation, are invested in the idea of rule of law. Whether our case has to do with governmental powers or not, whether it involves civil rights or...more

EDRM - Electronic Discovery Reference Model

Creating a Compelling Argument in the BP Trial: Government Plaintiffs’ Closing

Our exploration of generative AI in trial preparation has demonstrated how Large Language Models can analyze complex materials to generate sophisticated closing arguments. We began by showing how to overcome traditional LLM...more

Hogan Lovells

First Circuit upholds but-for causation standard for False Claims Act cases premised on Anti-Kickback Statute violations

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On February 18, 2025, the First Circuit joined a growing list of circuit courts to hold that “but-for causation” is the correct causation standard in most False Claims Act (FCA) cases premised on alleged violations of the...more

A&O Shearman

Northern District Of California Applies Recent Epic v. Apple Precedent To Dismiss Antitrust Suit Before Closing Arguments

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On January 28, 2025, U.S. District Judge Araceli Martínez-Olguín granted judgment as a matter of law for defendant Intuitive Surgical, Inc. (“Intuitive” or “defendant”) on all claims brought by plaintiff, Surgical Instruments...more

Husch Blackwell LLP

Are the qui tam provisions of the False Claims Act unconstitutional?

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The qui tam provisions of the False Claims Act allow individuals to file suit on behalf of the United States and to receive a share of the resulting financial settlement or judgment. Filing a qui tam case is not just a formal...more

Husch Blackwell LLP

False Claims Act Insights - Is DOJ Allowed to Share Privileged Documents with Whistleblowers in FCA Disputes?

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Host Jonathan Porter welcomes Husch Blackwell partner Kip Randall back to the program to dig deeper into Omni Healthcare, Inc. et al v. MD Spine Solutions LLC et al., a False Claims Act litigation in which the defendant...more

Jenner & Block

Client Alert: DEI on the Defensive—Predictions for 2025

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While much uncertainty lies ahead as we enter 2025, the coming year is sure to see further attacks on corporate DEI efforts nationwide. With President Trump returning to the White House, the federal government is set to take...more

Lighthouse

Four Traits of an Innovative eDiscovery Project Manager for Law Firms

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Law firms support a variety of clients with a wide-ranging suite of matters, making it increasingly difficult to roll out a “one size fits all” project management solution. Law firms with their own mature Discovery practice...more

Bradley Arant Boult Cummings LLP

Making the Pitch for a Civil Resolution in a Criminal Case

Last month, special counsel Robert Hur issued a report detailing his reasons for declining to charge President Joe Biden for retaining classified documents from Biden's time as vice president. Regardless of one's views on its...more

American Conference Institute (ACI)

[Event] 15th Annual Advanced Forum on Managed Care Disputes and Litigation - May 2nd - 3rd, Chicago, IL

ACI’s Advanced Forum on Managed Care Disputes and Litigation offers an unparalleled learning experience, specifically designed for the MCO legal community. Attend and develop winning legal strategies and business best...more

Seward & Kissel LLP

Air Sickness, Token Appeal, and Cooling Down

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Editor’s Note: Hat tip to the Creditors Rights Coalition for reaching out after last week’s blog to inform yours truly that the “judge shopping” concerns of creditor advocates extend beyond just the S.D. of Texas, and that a...more

American Conference Institute (ACI)

[Event] 11th Annual Advanced Forum on False Claims and Qui Tam Enforcement - January 23rd - 24th, New York, NY

Hosted by American Conference Institute, the 11th Annual Advanced Forum on False Claims and Qui Tam Enforcement returns for another exciting year for lively discussions on FCA enforcement including the ramifications of two...more

A&O Shearman

Overcoming eDiscovery-related chat data challenges: Part 1 - the basics

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Chat applications are a fact of life now. Many employees in all sectors are using it to communicate and collaborate. The prevalence of this data type means that searching only standard document types such as emails is no...more

McDermott Will & Emery

On the stand with Justin Murphy

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A former federal prosecutor, Justin Murphy represents corporate and individual clients involved in government enforcement cases, including complex antitrust matters, fraud allegations and all phases of white-collar criminal...more

Array

Does Your Litigation Hold Strategy Account for Remote Workers?

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Google recently got in hot water over employees’ cavalier attitudes toward a litigation hold. The tech giant took a largely hands-off approach to preserving internal chats needed for discovery in a lawsuit. Google employees...more

Reveal

Legal Dispute: How to choose the right method of dispute resolution

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Civil legal disputes as the Western world knows them date back to ancient Rome, yet society never seems to tire of them. Nearly 11.5 million new civil cases were filed in U.S. state and federal courts in 2021 alone....more

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