News & Analysis as of

Willful Misconduct

Freiberger Haber LLP

Thorny Issues Concerning the Statute of Limitations for Declaratory Relief and Breach of Fiduciary Duty

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Statutes of limitations limit the time within which a defendant can be held liable for any type of alleged wrongdoing. Plaintiffs who do not pursue their rights within the limitations period will find the courthouse doors...more

Polsinelli

Supreme Court Declines to Hear “Willfulness” Case

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On Monday, October 7, 2024, the U.S. Supreme Court declined to consider a petition for certiorari in United States ex rel. Hart v. McKesson Corp., Case No. 23-1293, where relator, Adam Hart (“Relator”), sought review of a...more

Stevens & Lee

Intent Required Under the Anti-Kickback Statute: Supreme Court Lets Stand Second Circuit’s Decision in the McKesson Case

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On Oct. 7, the U.S. Supreme Court denied a petition for review and let stand a widely watched Second Circuit Court of Appeals decision in which the court ruled that the term “willfully” as used in the Anti-Kickback Statute...more

Mitratech Holdings, Inc

Witch Hunt or Due Process? Properly Handling Harassment Claims

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In the wake of a significant rise in harassment reports (6,000 more anonymous hotline submissions were reported in 2023 than the previous year) businesses face a critical question: How can they handle a rising volume of...more

Foley & Lardner LLP

Research Misconduct: ORI Issues Final Rule with Modernized and Streamlined Regulations

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On September 17, 2024, the Office of Research Integrity (ORI) issued a final rule adopting changes to federal regulations governing research misconduct involving federally funded research (Final Rule). The regulations have...more

Kohrman Jackson & Krantz LLP

Greek Leadership Positions May Be Risky Business for College Students

While college should be the best four years for any student, those dreams can be crushed when unintended tragedy hits a college campus. Activities often thought of as “fun” can turn on a dime when students drink too much and...more

Kohrman Jackson & Krantz LLP

The Impact of PubPeer on Scientific Research Misconduct Investigations

Scientists are generally pleased to learn that their papers are being discussed and cited. Discussion on one platform, however, is a cause of consternation: PubPeer.  No scientist wants to learn that their paper is being...more

NAVEX

Brainstorming Ways to Brainstorm Compliance Risks

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Compliance officers need to think about fraud and misconduct risks all the time, which means you need to talk to others in your organization about exactly how those risks might happen – but what’s the right way for you to do...more

Holland & Knight LLP

FDA Rejects Application for Psychedelic Drug

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The U.S. Food and Drug Administration (FDA or Agency) rejected the new drug application (NDA) for a drug marketing approval submitted by Lykos Therapeutics Inc. (Lykos) for its psychedelic MDMA drug on Aug. 9, 2024. Lykos...more

Baker Botts L.L.P.

Avoiding Demurrer: Properly Pleading Inequitable Conduct

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Properly pleading inequitable conduct claims is a challenge, a challenge that can be met with early due diligence and attention to detail in your pleading....more

Locke Lord LLP

Cybersecurity Safe Harbors – One Step Forward and Two Steps Back

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Cyberattacks continue to increase in number and severity. This increase has amplified the need for legislation to protect both businesses and consumers. In previous articles, we discussed the few states that enacted “safe...more

Parker Poe Adams & Bernstein LLP

Ready, Set, Wait: Eleventh Circuit Grants Last-Minute Title IX Injunction in Southeastern States

Less than 24 hours before classroom bells were set to ring in schools across the southeastern United States, the Eleventh Circuit Court of Appeals issued an order administratively blocking the implementation of the 2024 Title...more

Williams Mullen

“The Unfair and Deceptive Conduct is Coming from Inside the House!” An Overlooked Limit to Section 75-1.1 Liability

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North Carolina litigants commonly assert claims under the Unfair and Deceptive Trade Practices Act. But the tantalizing prospect of being awarded treble damages and attorneys’ fees can blind attorneys to the statute’s...more

Stark & Stark

Sexual Assault at Holy Ghost Prep - Administrator Terminated After Misconduct Allegations Surface

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According to phillyburbs.com, former administrator and hockey manager, Ryan Abramson, was terminated from employment at Holy Ghost Preparatory after an internal investigation into allegations of sexual misconduct dating back...more

Winstead PC

Court Affirms Summary Judgment For An Executrix’s Estate Based On Limitations

Winstead PC on

In In re Estate of Maun, a brother sued his sister’s estate for her performance as executrix of their mother’s estate since the late 1980s. No. 13-22-00576-CV, 2024 Tex. App. LEXIS 52 (Tex. App.—Corpus Christi January 4,...more

Axinn, Veltrop & Harkrider LLP

FRCP 45 Does Not Apply to the Court’s Lit-Funding Orders That Were Reasonable and Within the Court’s Inherent Authority

5 On July 16, 2024, the Federal Circuit affirmed both the sua sponte order issued by the District of Delaware requiring Lori LaPray, the purported owner of all of the plaintiff LLCs created by the patent monetization firm, IP...more

Allen Barron, Inc.

How Does the IRS Define Willfulness in Unreported or Under-reported Offshore Income

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How does the IRS define willfulness in unreported or under-reported offshore income?  What actions help determine whether a U.S. taxpayer's actions amount to "willful or non-willful" conduct?  Why should U.S. taxpayers be...more

Mintz - Health Care Viewpoints

Petition for Certiorari Filed in Supreme Court in False Claims Act Case Seeking Review of Whether “Willful” Under the...

The Supreme Court now has the opportunity to define “willfulness” under the federal criminal Anti-Kickback Statute (AKS). In a declined qui tam case filed against McKesson Corporation, a pharmaceutical wholesaler, the...more

Foley & Lardner LLP

What Every Multinational Company Should Know About … the U.S. DOJ’s Safe Harbor Policy and What the Antitrust Division Requires

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In October 2023, the Department of Justice (DOJ) announced a new Mergers & Acquisitions Safe Harbor Policy (“Safe Harbor Policy”) designed to encourage acquiring companies to voluntarily disclose criminal misconduct...more

Ankura

Unveiling Financial Misconduct: Ankura's Forensic Review Exposes $5 Million Irregularities in U.S. Brokerage Firm's India...

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A U.S.-based brokerage firm suspected unethical activities and compliance issues at their India operations office specifically concerning the involvement of senior management in misappropriating funds and accounting...more

Kohrman Jackson & Krantz LLP

Investigating the Intersection: Title IX Complaints and Criminal Investigations

Students involved in campus sexual assault cases often come to us full of confusion surrounding the intersection of the Title IX complaints and criminal investigations. While the same set of allegations can be simultaneously...more

WilmerHale

Second Circuit Confirms Willfulness under the Anti-Kickback Statute and False Claims Act Requires Relators to Plead that the...

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The Second Circuit Court of Appeals recently issued a decision with significant implications for healthcare companies and providers facing allegations of violations of the Anti-Kickback Statute (AKS), 42 U.S.C. §...more

Allen Barron, Inc.

IRS Updated Streamlined Filing Compliance Procedures

Allen Barron, Inc. on

What do you need to know about the IRS updated Streamlined Filing Compliance Procedures or "Streamlined Procedures?" Are you concerned about unreported or under-reported offshore income or assets? Are there accounts you...more

Ankura

Using AI Tools To Improve Research Integrity Processes

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In just the first few weeks of 2024, two separate cases of allegations of research misconduct have been publicized. In both cases, the alleged misconduct was discovered by independent “data sleuths” using artificial...more

Pillsbury Winthrop Shaw Pittman LLP

Unclean Hands: Available for Litigation Misconduct or an Illusory Remedy?

Discovery misconduct can be remedied not only through the sanctions available in the Federal Rules of Civil Procedure, but also potentially through the defense of unclean hands....more

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