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Features

Supreme Court Considers Sports Betting Law Image

Supreme Court Considers Sports Betting Law

Tony Mauro

The U.S. Supreme Court seemed ready to strike down — though not by a unanimous vote — the federal law that bans most states from licensing sports betting.

Features

Labor and Employment Law Changes in the Trump Era Image

Labor and Employment Law Changes in the Trump Era

Matthew B. Schiff & Kathryn C. Nadro

President Trump's first 11 months in office brought significant changes to labor and employment law. Immediate changes to the leadership and agendas for the DOL, the EEOC and the NLRB) have already occurred, along with reversals of policy and positions taken in court.

Features

Internal Whistleblowers Image

Internal Whistleblowers

Matthew B. Schiff & Kathryn C. Nadro

<b><i>SCOTUS Review of Dodd-Frank to Change the Landscape</i></b><p>In June, the Supreme Court granted <i>certiorari</i> in <i>Digital Realty Trust Inc. v. Somers</i>, to review a Ninth Circuit decision regarding SEC whistleblowing protections. The Court's ruling is highly anticipated, as it will clarify the landscape for whistleblower protections.

Features

The Deductibility of FCA Payments in Light of <b><i>Kokesh</i></b> Image

The Deductibility of FCA Payments in Light of <b><i>Kokesh</i></b>

Joseph F. Savage, Ezekiel L. Hill & Timothy H. Kistner

<b><i>A Business Expense?</i></b><p>In negotiating FCA or similar settlements with the government, one key consideration is the tax treatment of any payment. While not in the context of deductibility, the Supreme Court this year, in<i>Kokesh v. SEC</i>, analyzed whether disgorgement in an SEC enforcement action was punitive or compensatory.

Features

Internal Whistleblowers Image

Internal Whistleblowers

Matthew B. Schiff & Kathryn C. Nadro

<b><i>Scotus Review of Dodd-Frank to Change the Landscape</i></b><p>On June 26, 2017, the Supreme Court granted <i>certiorari</i> in <i>Digital Realty Trust Inc. v. Somers</i>, to review a U.S. Court of Appeals for the Ninth Circuit decision regarding SEC whistleblowing protections. The Court's ruling is highly anticipated, as it will clarify the landscape for whistleblower protections.

Features

SCOTUS Takes Up Microsoft Case on Email Privacy Image

SCOTUS Takes Up Microsoft Case on Email Privacy

Tony Mauro

A long-running dispute between Microsoft and the Justice Department over providing the government with certain customer emails in criminal investigations will be refereed by the U.S. Supreme Court.

Features

SCOTUS Decision on Mandatory Employment Arbitration Agreements Will Have Far-Reaching Implications Image

SCOTUS Decision on Mandatory Employment Arbitration Agreements Will Have Far-Reaching Implications

Ryan Saba & Krystle Meyer

On Oct. 2, 2017, the Supreme Court was set to hear argument as to whether class action waivers in arbitration agreements are valid and enforceable. Thirty-six amicus briefs were submitted to the Supreme Court on this issue, underscoring that regardless of the Court's decision, there will be sweeping implications for both employers and employees.

Features

At High Court, Just One IP Case That Matters Image

At High Court, Just One IP Case That Matters

Scott Graham

<b><i>After Several IP-Heavy Seasons, the 2017 Term At the U.S. Supreme Court Looks to Be a Quiet One for Intellectual Property — with One Big Exception</b></i><p>The 2017 term at the U.S. Supreme Court looks to be a quiet one for intellectual property. But with one potential bang in the middle.

Features

Internal Whistleblowers Image

Internal Whistleblowers

Matthew B. Schiff & Kathryn C. Nadro

<b><i>SCOTUS Review of Dodd-Frank to Change the Landscape</b></i><p>On June 26, 2017, the Supreme Court granted <i>certiorari</i> in <i>Digital Realty Trust Inc. v. Somers</i> to review a Ninth Circuit decision regarding SEC whistleblowing protections. The Court's ruling is highly anticipated, as it will clarify the landscape for whistleblower protections.

Features

<b><I>Escobar's</I></b> Effect on False Claims Act <b><I>Qui Tam</I></b> Actions Image

<b><I>Escobar's</I></b> Effect on False Claims Act <b><I>Qui Tam</I></b> Actions

Danielle Corcione, Daniel Wenner, Robert Marasco & Jennifer Mitchell

The Supreme Court, in <I>Universal Health Servs., Inc. v. United States ex rel. Escobar</I>, altered the landscape for FCA litigation. In this case, the Supreme Court instructed lower courts to scrutinize the materiality of the false statements to the government's decision to pay a claim; in doing so, the Court raised the bar for successful prosecution of <I>qui tam</I> claims.

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