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SCOTUS: Retaliatory Intent Not an Element of SOX Retaliation Claim

The Supreme Court resolved a circuit split on February 8, 2024, when it issued its opinion in Murray v. UBS Securities, LLC, holding that a whistleblower need not prove that the employer acted with “retaliatory intent” in...more

Supreme Court Determines When the U.S. Government May Dismiss an FCA Action Over a Relator’s Objection

On June 16, 2023, in United States ex rel. Polansky v. Executive Health Resources, Inc., the U.S. Supreme Court resolved a circuit split in favor of a broad interpretation of the federal government’s ability to dismiss False...more

U.S. Supreme Court Strikes Down Race-Conscious Admissions – What Does it Mean for Employers?

On June 29, 2023, the United States Supreme Court ruled that race-conscious admissions practices at Harvard College and the University of North Carolina, which are generally similar to how numerous other higher education...more

Supreme Court: False Claims Act Liability Depends on Defendant’s Subjective Belief

On June 1, 2023, in United States ex rel. Schutte, the United States Supreme Court held that, to impose liability on an employer for “knowingly” submitting a false claim to the government for payment, it is sufficient for the...more

Employer Considerations for Navigating Evolving Gun Laws

In 2022, gun laws remain top of mind for many Americans, but particularly employers. The Supreme Court ended its 2022 term with a series of bombshell opinions, and one opinion in particular may indirectly impact gun rights in...more

Supreme Court Clarifies That But-For Causation Standard Applies to Section 1981 Claims Throughout Pendency of Litigation

In a landmark decision delivered on March 23, 2020, the U.S. Supreme Court held that a but-for causation standard applies to claims brought under 42 U.S.C. § 1981, the Civil Rights Act of 1886, and that this standard applies...more

3/24/2020  /  Causation , Comcast , SCOTUS
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