The United States Court of Appeals for the Ninth Circuit, applying California law, has affirmed a district court’s determination that California Insurance Code § 533 barred indemnity and defense costs coverage for a lawsuit...more
The term “boilerplate” originates from the printing industry, where “boilerplate” referred to metal plates with standardized text used for newspapers and other publications. In legal documents and contracts, boilerplate...more
Title IX is a federal law that requires educational institutions and programs that receive federal funding to ensure sex discrimination does not interfere with their studies and extracurricular activities. The law was pivotal...more
Imagine walking into work one morning, knowing that speaking up about what you saw yesterday could cost you your job – or it could save lives. This is a choice many employees face, and why whistleblower protections aren’t...more
Many eyes were on the Nittany Lions this past year as sports pundits speculated The Pennsylvania State University (Penn State) would make it to the College Football National Championship. But those with an interest in...more
It is well-settled that fraud-based claims asserted in federal court need to satisfy not only Federal Rule of Civil Procedure 12(b)(6)’s plausibility pleading standard but also the heightened pleading requirements of Federal...more
Illinois employers should take note of requirements that relate to employees who are applying for employment in schools, including contractors. The requirements affect even non-school employers whose ex-employees are applying...more
What is willful blindness according to the IRS? How is this important in tax cases involving unreported or under-reported income, disclosure of offshore assets and income, FinCEN Form 114 (more commonly referred to as an...more
Trade secrets are the lifeblood of any business. Across industries and states, companies safeguard a wealth of critical information that provides a competitive edge. Perhaps the most famous example is Coca-Cola’s secret...more
Is it too late to correct past FBARs and file amended returns with the IRS? The net is closing in on U.S. taxpayers with unreported or under-reported domestic and offshore income and assets. The IRS has increased audits in...more
The way in which businesses address workplace conduct matters has undergone significant transformation in recent years, particularly pertaining to sexual harassment. This cultural shift originates from changes in broader...more
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
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
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
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
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
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
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
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
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
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
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
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
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
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