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Publications
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03.28.2024Federal District Court Finds Corporate Transparency Act Unconstitutional: What Now?UpdatesOn March 1, 2024, the U.S. District Court for the Northern District of Alabama held that the CTA was unconstitutional because it exceeds Congress’s enumerated powers. As a result, the Alabama district court enjoined enforcement of the CTA as to the plaintiffs in that matter, the National Small Business Association, and one of its individual members.
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07.05.2023Seven Pressing Questions Following the Supreme Court’s Admissions DecisionUpdatesOn June 29, 2023, the Supreme Court issued its landmark decision in two cases challenging universities’ consideration of race as a factor in student admissions: Students for Fair Admissions v. President and Fellows of Harvard College; and Students for Fair Admissions v. University of North Carolina.
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06.29.2023Personal Jurisdiction and Foreign Corporation Registration Statutes: A Purple Haze, but the Sky Is Not FallingUpdatesThe U.S. Supreme Court has held—by a 5-4 margin—that it did not violate due process for a Pennsylvania court to exercise jurisdiction over an asbestos case with no connection to Pennsylvania because of a unique Pennsylvania foreign corporation registration statute that requires consent to general jurisdiction to do business in the state.
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06.02.2023US Supreme Court Clarifies Knowledge Requirement in False Claims Act Cases—Raising New Interpretive IssuesUpdatesA defendant’s knowledge of and subjective beliefs about the meaning of legal requirements—not what an objectively reasonable person may have believed—are what matters when determining whether a defendant “knowingly” submitted false claims for payment in violation of the False Claims Act, the U.S. Supreme Court ruled on June 1, 2023.
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05.24.2023Supreme Court To Review Critical Case on Deference to Administrative AgenciesUpdatesThe U.S. Supreme Court has accepted review of a case taking direct aim at “overregulation” by federal administrative agencies. Any client that routinely deals with federal administrative agencies—especially those who have experienced administrative overreach—should pay attention and consider weighing in.
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01.13.2023What To Expect From Justices' FCA Scienter Standard ReviewArticles
Law360
In an action of signal importance to any company that does business with the federal government or that receives government funds under a complex regulatory framework, the U.S. Supreme Court has agreed to review a key issue concerning the False Claims Act — the federal statute that imposes severe penalties for knowingly submitting false claims for payment to the government. -
01.14.2021Panel Upends the Rules of FLSA Collective Actions in the Fifth CircuitUpdatesIn an unexpected shift, the U.S. Court of Appeals for the Fifth Circuit in Swales v. KLLM Transport Services, LLC, ordered courts to abandon the commonly followed “two-step” certification process for collective actions under the Fair Labor Standards Act.
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12.2020SCOTUS SpotlightArticlesNathan Kelley and Tara Kurtis provide a brief overview of cases that made their way to the Supreme Court this year.
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10.10.2019Duty to Defend Obligation Affirmed in Suit Against InsurerArticles
Chicago Daily Law Bulletin
The 1st District Appellate Court recently delivered a resounding victory for corporate and individual insurance policyholders in Illinois, reaffirming that insurers that have a duty to defend claims or suits brought against their insureds will not be rewarded by Illinois courts for refusing to honor that obligation in a timely fashion. -
04.27.2018Ninth Circuit Establishes Negligence Standard for Section 14(e) Claims in Circuit-Splitting DecisionUpdatesRejecting the analysis of every other federal appellate court to consider the issue, the Ninth Circuit recently held that most claims filed under Section 14(e) of the Securities Exchange Act of 1934, 15 U.S.C. § 78n(e), do not require a showing of scienter.
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01.05.2018Fed. Circ.'s 2017 Patent Decisions: A Statistical AnalysisArticlesAfter each fiscal year end, the Federal Circuit publishes statistics summarizing where its cases came from, the court’s throughput over the year, and its median times to disposition in cases from different sources.
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11.02.2017Ninth Circuit Trims PSLRA Safe Harbor’s Protection for Forward-Looking StatementsUpdates
A recent decision of the U.S. Court of Appeals for the Ninth Circuit cut back on the protections afforded by the safe-harbor provision of the Private Securities Litigation Reform Act of 1995 for public companies whose forward-looking statements are alleged to be false or misleading.
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05.17.2016Spokeo Confirms That Alleging a Statutory Violation Is Not Necessarily Enough to Create StandingUpdatesIn a 6-2 decision, the Supreme Court held that the mere allegation of a statutory violation is not necessarily enough to create Article III standing.
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02.05.2016Supreme Court Leaves Door Open to Class Action Settlement Offer Pick-Off DefenseUpdatesRecently, the U.S. Supreme Court held in Campbell-Ewald Co. v. Gomez, 577 U.S. --- (2016), that a lawsuit is not moot after a plaintiff declines to accept an offer of judgment made by the defendant pursuant to Federal Rule of Civil Procedure 68.
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02.21.2014Federal Circuit Holds That Issues of Claim Construction Must Be Reviewed Without Deference on Appeal, Without Regard to Legal or Factual DistinctionsUpdatesSince 1998, when the Federal Circuit issued its en banc opinion in Cybor Corp. v. FAS Technologies, Inc., claim construction issues have been subject to de novo review on appeal. Under this standard of review, no formal deference is given to findings of the district court. Litigants dissatisfied with the district court’s claim construction have thus enjoyed, at least in theory, an entirely new opportunity to make their case on appeal.
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02.22.2013Arizona Supreme Court Follows Central Bank: No Implied Private Right of Action for Aiding and Abetting Securities Fraud Under the Arizona Securities ActUpdatesEarlier today, in a case titled Sell v. Sewell, (No. CV-12-0211-PR), the Arizona Supreme Court ruled that there is no implied private right of action for aiding and abetting securities fraud under the Arizona Securities Act (ASA). Today’s ruling in Sell overturns the court’s ruling 34 years ago in State v. Superior Court, 599 P.2d 777 (Ariz. 1979), and continues the court’s strong policy of following the U.S. Supreme Court’s interpretations of analogous federal securities statutes.