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General Schemes vs. Specific Claims
The qui tam provisions of the False Claims Act, which allow private individuals (“relators”) to bring suit on behalf of the federal government and keep a percentage of the proceeds, continue to be some of the most potent weapons in the government's antifraud arsenal. In fiscal year 2013, over three-quarters of the $3.8 billion recovered by the Department of Justice (DOJ) from FCA cases came from cases brought by relators. Over that same period, relators brought 752 new FCA suits.
Congress has telegraphed its belief in the value of whistleblower suits: In recent years, blockbuster legislation, such as the Affordable Care Act and the Dodd-Frank Act, has increased the potential bounties and legal protections available to whistleblowers.
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Bankruptcy Sales: Finding a Diamond In the Rough
There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
Law Firms are Reducing Redundant Real Estate by Bringing Support Services Back to the Office
A trend analysis of the benefits and challenges of bringing back administrative, word processing and billing services to law offices.
Bit Parts
Summary Judgment Denied Defendant in Declaratory Action by Producer of To Kill a Mockingbird Broadway Play Seeking Amateur Theatrical Rights
Risks of “Baseball Arbitration” in Resolving Real Estate Disputes
“Baseball arbitration” refers to the process used in Major League Baseball in which if an eligible player's representative and the club ownership cannot reach a compensation agreement through negotiation, each party enters a final submission and during a formal hearing each side — player and management — presents its case and then the designated panel of arbitrators chooses one of the salary bids with no other result being allowed. This method has become increasingly popular even beyond the sport of baseball.
Disconnect Between In-House and Outside Counsel
'Disconnect Between In-House and Outside Counsel is a continuation of the discussion of client expectations and the disconnect that often occurs. And although the outside attorneys should be pursuing how inside-counsel actually think, inside counsel should make an effort to impart this information without waiting to be asked.