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Polsinelli

Court Challenge to Corporate Transparency Act Rebuffed – For Now

Polsinelli on

On September 20, 2024, U.S. District Judge Michael H. Simon for the District of Oregon issued an Opinion and Order in favor of defendants in the case. Firestone, et al.. v Janet Yellen, et al., Case No. 3:24-cv-1034 (D. Ore.)...more

Mayer Brown

Senate Unanimously Holds Corporate Executive in Contempt of Congress for Failing to Comply with a Committee Subpoena

Mayer Brown on

On September 25, the US Senate held a corporate CEO in criminal contempt of Congress after he refused to comply with a subpoena to appear at a congressional hearing. Three days later, the company announced his resignation....more

Nelson Mullins Riley & Scarborough LLP

Rytr or Wrong: Is the FTC’s Operation AI Comply a Prudent Defense Against Deception or an Assault on Innovation and Constitutional...

In today’s rapidly evolving digital economy, new artificial intelligence tools promise to transform every industry. Sometimes, those promises are overblown or outright deceptive. So, as the AI hype cycle continues, regulators...more

Maynard Nexsen

Navigating Political Speech in the Workplace

Maynard Nexsen on

As we quickly approach Election Day in November, political discussions can dominate daily life, including in the workplace. Employers are often faced with the question of how to handle employee political speech in the...more

Blake, Cassels & Graydon LLP

Droits et libertés garantis par la Charte : La Cour suprême précise les critères applicables aux actions en dommages-intérêts...

Le 19 juillet 2024, la Cour suprême du Canada (la « CSC ») a rendu un arrêt dans l’affaire Canada (Procureur général) c. Power (l’« affaire Power ») portant sur la possibilité de réclamer des dommages-intérêts contre l’État...more

Ballard Spahr LLP

Florida Federal Court Holds False Claims Act Qui Tam Provision Violates Article II

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A federal court in Florida this week ruled that the qui tam provision of the False Claims Act (FCA) is unconstitutional under the Appointments Clause in Article II of the U.S. Constitution, creating an opportunity for a split...more

Parker Poe Adams & Bernstein LLP

Florida Court Ruling on False Claim Act Deems Complaints By Private Whistleblowers as Unconstitutional

A valuable tool in filing whistleblower claims against companies related to government fraud took a potentially major hit this week when a federal judge in Florida ruled that a significant portion of the statutory scheme...more

Parker Poe Adams & Bernstein LLP

Two New California Laws Affect Response to Union Organizing and Driver's License Requirements for Applicants

Last week, California Governor Gavin Newsome signed two bills into law that affect California employers' discretion with regard to employees and applicants for employment. The first law seeks to prohibit so-called "captive...more

BakerHostetler

Federal Court Rules False Claims Act’s Whistleblower Provisions Are Unconstitutional

BakerHostetler on

On September 30, 2024, Judge Kathryn Mizelle of the U.S. District Court for the Middle District of Florida dismissed United States, ex rel. Zafirov v. Florida Medical Associates, LLC et al., a False Claims Act (FCA) case...more

WilmerHale

Federal Court Finds Qui Tam Provision Unconstitutional

WilmerHale on

In a groundbreaking opinion issued on September 30, 2024, Judge Kathryn Kimball Mizelle of the U.S. District Court for the Middle District of Florida dismissed a False Claims Act (FCA) lawsuit, holding that the qui tam...more

Spilman Thomas & Battle, PLLC

Fourth Circuit Determines that Internal Complaint May Support Claim for Wrongful Discharge in Violation of North Carolina Public...

On August 14, 2024, the Fourth Circuit Court of Appeals issued an opinion reversing a prior decision of the U.S. District Court for the Western District of North Carolina regarding wrongful discharge under North Carolina law....more

Verrill

It’s Time to Recognize the Hypocrisy of Sports Gambling Laws And Let Pete Rose into the MLB Hall of Fame

Verrill on

“Charlie Hustle” died this week – 35 years after being banned for life from Major League Baseball and from enshrinement into its Hall of Fame. I don’t need to regurgitate Pete Rose’s stats; anyone who saw him play knows how...more

Jones Day

Mexico's Judicial Reform and AMLO Party's Bills Call for Caution and Business Risk Assessment

Jones Day on

The Details - This reform will modify the judiciary by providing for the democratic election of all judges in Mexico, including judges on the Supreme Court of Mexico and those serving on other state and federal tribunals....more

Tucker Arensberg, P.C.

Key Legislative Changes for Pennsylvania Schools

Tucker Arensberg, P.C. on

The General Assembly and Governor Shapiro recently enacted various legislation affecting school entities. The following is a brief summary of those developments....more

DLA Piper

What Mexico Constitutional Reform to Eliminate the Autonomous Constitutional Bodies Means for the Rule of Law

DLA Piper on

A proposed constitutional amendment being considered by Mexico’s Congress would eliminate the country’s autonomous constitutional bodies – agencies originally created to make decisions without political influence and...more

Morgan Lewis

Florida District Court Finds FCA Qui Tam Provisions Unconstitutional in Outlier Opinion

Morgan Lewis on

On September 30, 2024, US District Judge Kathryn Kimball Mizelle of the Middle District of Florida held in United States ex rel. Zafirov v. Florida Medical Associates, LLC that the qui tam provisions of the False Claims Act...more

Eversheds Sutherland (US) LLP

Horizon Scanner Financial Crime - US developments - September 2024

The booklet summarises key financial crime related legal and regulatory changes expected over the next 18 months to 2 years, as well as providing electronic links to key resources. Key developments: - US Supreme Court...more

Foley Hoag LLP - White Collar Law &...

District Court Declares FCA Qui Tam Provision Unconstitutional

On September 30, 2024, in U.S. ex rel. Zafirov v. Florida Medical Associates LLC, Judge Kathryn Mizelle in the Middle District of Florida dismissed a qui tam action under the False Claims Act (“FCA”) on the basis that the...more

Allen Matkins

Governor Signs Bill Mandating Pro Bono Disclosures By Lawyers

Allen Matkins on

California Governor Gavin Newsom recently signed AB 2505 (Gabriel).  Consequently active members of the California Bar will be required, with certain exceptions,  to report annually whether they have provided pro bono legal...more

Proskauer Rose LLP

FTC Focus: How Scrutiny Of PBMs And Insulin May Play Out

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This article is part of a monthly column that considers the significance of recent Federal Trade Commission announcements about antitrust issues. In this installment, we discuss the FTC's complaint on PBMs' conduct around...more

Davis Wright Tremaine LLP

District Court Vacates CFTC Prohibition on Trading "Congressional Control Contracts" Predicting Election Results

On September 6, 2024, the U.S. District Court for the District of Columbia ruled in favor of KalshiEx LLC ("KalshiEx"), lifting a September 2023 order issued by the Commodity Futures Trading Commission ("CFTC") prohibiting...more

Jones Day

Federal Court Holds False Claims Act's Qui Tam Provisions Unconstitutional

Jones Day on

In a potentially seismic development, a federal district court held that the False Claims Act's qui tam provisions violate the Constitution's Appointments Clause—a ruling that, if upheld, would upend the landscape of FCA...more

Ballard Spahr LLP

Corporate Transparency Act Litigation Update:  Eleventh Circuit Hears Argument, and District of Oregon Rejects Preliminary...

Ballard Spahr LLP on

Various industry groups have filed lawsuits in multiple federal districts challenging the constitutionality of the Corporate Transparency Act (“CTA”). The first such suit, filed in the Northern District of Alabama, resulted...more

Robins Kaplan LLP

The Robins Kaplan Justice Report - Vol. 18, No. 3

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MAKING THE WHOLE TRUTH PUBLIC: THE FIGHT TO RELEASE BODY-WORN CAMERA FOOTAGE IN SECTION 1983 LITIGATION - Body-worn cameras were heralded as a promising innovation in the fight against crime and police misconduct. But in...more

Patterson Belknap Webb & Tyler LLP

Ninth Circuit Addresses State Sovereign Immunity for Claims Based on Dismissed Involuntary Petitions

When an involuntary bankruptcy petition is dismissed, section 303(i) of the Bankruptcy Code permits a debtor to seek reasonable attorneys’ fees and costs from the petitioners, and, if the petition was filed in bad faith,...more

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