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Cybersecurity False Claims Act Cases: The Next Frontier
A new wave of False Claims Act cases is crashing ashore. Based on the federal government's inclusion of toughened cybersecurity requirements for government contractors in the Federal Acquisition Regulations (FAR) and agency supplemental regulations, numerous False Claims Act (FCA) cases will undoubtedly be filed and litigated in coming years against prime contractors and their major subcontractors for allegedly failing to comply with their contractual cybersecurity obligations.
We have seen this play out before. For years, FCA plaintiffs' strategy was to go after government contractors for selling goods made in China to agencies in violation of the Trade Agreements Act. Then plaintiffs moved on to various violations of contract terms under the General Services Administration Schedule program, and later to misrepresentations under the Small Business Administration's procurement regulations. While those areas of alleged non-compliance are still active, the time has come for a host of new FCA cases based on presumed cybersecurity violations.
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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.
Judge Rules Shaquille O'Neal Will Face Securities Lawsuit for Promotion, Sale of NFTs
A federal district court in Miami, FL, has ruled that former National Basketball Association star Shaquille O'Neal will have to face a lawsuit over his promotion of unregistered securities in the form of cryptocurrency tokens and that he was a "seller" of these unregistered securities.
Blockchain Domains: New Developments for Brand Owners
Blockchain domain names offer decentralized alternatives to traditional DNS-based domain names, promising enhanced security, privacy and censorship resistance. However, these benefits come with significant challenges, particularly for brand owners seeking to protect their trademarks in these new digital spaces.
Why So Many Great Lawyers Stink at Business Development and What Law Firms Are Doing About It
Why is it that those who are best skilled at advocating for others are ill-equipped at advocating for their own skills and what to do about it?
A Lawyer's System for Active Reading
Active reading comprises many daily tasks lawyers engage in, including highlighting, annotating, note taking, comparing and searching texts. It demands more than flipping or turning pages.