The Law of Taking was Fishy - If you give a man a fish, you feed him for a day. If you teach a man to fish, you feed him for a lifetime. But what if a man has the right to sell fish, and he builds his business...more
Recently the Committee on Foreign Investment in the United States (“CFIUS”, or the “Committee”) announced three changes that impact how the Committee evaluates foreign investments in U.S. businesses. While the changes appear...more
The U.S. Department of the Treasury (Treasury Department), which chairs the Committee on Foreign Investment in the United States (CFIUS), published a Proposed Rule on May 5, 2023, in the Federal Register. The Proposed Rule...more
Recent acquisitions of land by foreign buyers have sparked concern that the current jurisdiction of the Committee on Foreign Investment in the United States (CFIUS) to review such transactions is not broad enough. CFIUS,...more
On December 27, 2022—nearly 18 months after hearing oral arguments—the Second Circuit issued its new opinion in United States v. Blaszczak, an important insider trading case involving the misappropriation of confidential...more
Almost two years ago, we posted on the civil settlement of a dispute between the New Mexico Environment Department (NMED) and the U.S. Department of Defense (DoD) over a state-level enforcement action against Cannon Air Force...more
Shurtleff v. Boston, No. 20-1800: This case concerns whether the City of Boston violated the First Amendment by refusing a private party’s request to raise a Christian flag on a city flagpole during an event, where Boston had...more
On May 28, 2021, a District of Maine judge granted a joint motion for stipulated judgment in favor of the United States, ending the False Claims Act suit against a Coast Guard contractor hired to assist with the excavation of...more
California Appellate Court Says Toll is a Fee to Use Government Property, Exempt from Tax Definition- Tolls imposed for use of state-owned toll bridges are not taxes, and increases to the rates for those tolls are not...more
The U.S. Department of the Treasury recently published final regulations to further implement the Foreign Investment Risk Review Modernization Act of 2018 (“FIRRMA“) and to better address national security concerns resulting...more
In January 2016, the United States sued Volkswagen for installing defective emission devices in certain model years 2009-2016 vehicles. As part of the settlement agreement, Volkswagen agreed to establish a $2.9 billion trust...more
The Pennsylvania Political Subdivision Tort Claims Act (PSTCA), 42 Pa. C.S.A. §§ 8541, et seq. generally provides local governmental agencies in Pennsylvania with qualified immunity for tort liability. However, this statute...more
The U.S. Court of Appeals for the District of Columbia Circuit ruled earlier this week that the Washington Metropolitan Area Transit Authority (WMATA) did not violate the First Amendment when it refused to run an...more