|
Publications
-
04.18.2024Corporate Transparency Act Could Survive 11th Circ. Several WaysThe Corporate Transparency Act is an extensive new anti-money laundering law that went into effect Jan. 1. It requires the disclosure to the U.S. Department of the Treasury's Financial Crimes Enforcement Network of detailed information regarding owners, officers, and control persons by most entities formed or registered to do business in the United States.
-
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.
-
07.28.2023High Court's Tribal Water Rights Ruling Steadies The BoatArticlesJena MacLean, Michael Huston and Janet Howe wrote an article published in Law360 on the U.S. Supreme Court's ruling in Arizona v. Navajo Nation to not expand the list of federal promises beyond those expressly made by the government in treaties with Native American tribes.
-
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.
-
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.
-
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.
-
02.10.2023The Number of False Claims Act Cases Reaches Record High, But DOJ’s Recoveries Drop to $2.2 Billion in Fiscal Year 2022Updates
The U.S. Department of Justice obtained more than $2.2 billion in civil False Claims Act judgments and settlements in fiscal year 2022, the lowest such annual total since 2008 and a significant drop from a jump in FCA recoveries in the prior year. But the DOJ’s announcement of its FY 2022 FYA recoveries also discloses that the DOJ is increasingly bringing FCA cases on its own, and the total number of settlements and judgments in FCA matters increased to near-record highs in FY 2022, signaling a robust enforcement climate ahead.
-
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.
Presentations
-
03.10.2023Latest Supreme Court Trends in Government Contracts LawSpeaking EngagementsPanelist
29th Annual Federal Procurement Institute / Annapolis, MDJoin us for a fascinating glimpse into the world of Supreme Court and appellate practice. -
02.23.2023The Arguments in Gonzalez v. GoogleSpeaking EngagementsPanelist
Media Law Resource Center / Virtual -
12.02.2022The Supreme Court, the Major Questions Doctrine, and the Future of the Regulatory StateSpeaking EngagementsABA’s Administrative Law Conference / Virtual
