The Racketeer Influenced and Corrupt Organizations Act (“RICO”) was principally intended as a mechanism to combat organized crime. However, RICO’s scope is significantly broader than its anti-crime origin. The statute also...more
The United States Court of Appeals for the First Circuit recently joined the Sixth Circuit (2023) and Eighth Circuit (2022) in holding that the term “resulting from” in the Federal Anti-Kickback Statute (“AKS”) (as amended in...more
3/7/2025
/ Anti-Kickback Statute ,
Appeals ,
But For Causation ,
Causation ,
Department of Justice (DOJ) ,
Enforcement Actions ,
False Claims Act (FCA) ,
Healthcare Fraud ,
Medicare ,
Pharmaceutical Industry ,
Statutory Interpretation
A manufacturer produces a medical device for physicians to use to administer a particular type of treatment to their patients. When does that manufacturer have a duty under New York state law to warn a physician of risks...more
For participants in New York’s construction industry, the distinction between possession of supervisory authority, on the one hand, and the exercise of that authority, on the other, may have significant implications for their...more
12/20/2024
/ Appeals ,
Breach of Duty ,
Construction Industry ,
Construction Site ,
Contract Terms ,
General Contractors ,
Labor Law Violations ,
New York ,
Remedial Actions ,
Risk Management ,
State Labor Laws
Addressing for the first time the validity of an arbitration agreement entered via an e-commerce application, the New York Court of Appeals recently held in Wu v Uber Technologies, Inc. that the email notification and...more
12/12/2024
/ Affirmative Defenses ,
Appeals ,
Arbitration ,
Arbitration Agreements ,
Bodily Injury ,
Consent ,
Contract Terms ,
Email ,
Enforcement ,
Motion to Compel ,
New York ,
NY Supreme Court ,
Rules of Professional Conduct ,
Terms of Use ,
Uber
On June 28, 2024, the U.S. Supreme Court issued a decision in Loper Bright Enterprises v. Raimondo, and a companion case entitled Relentless, Inc. v. Raimondo, that upended a 40-year-old paradigm of judicial review of federal...more
7/2/2024
/ Administrative Procedure Act ,
Chevron Deference ,
Chevron v NRDC ,
Constitutional Challenges ,
Environmental Protection Agency (EPA) ,
Government Agencies ,
Judicial Authority ,
Loper Bright Enterprises v Raimondo ,
Regulatory Authority ,
SCOTUS ,
Statutory Interpretation
A recent decision by the U.S. Supreme Court eases the standard for plaintiffs claiming their employer discriminated against them by moving them into a different position.
Specifically: on April 17, 2024, a unanimous...more
Section 1782 of Title 28 of the United States Code permits a federal district court, “upon the application of any interested person,” to order a person within its jurisdiction “to produce a document or other thing for use in...more
The Supreme Court of the United States has been active of late in issuing decisions interpreting the Federal Arbitration Act — the principal federal statute governing judicial enforcement of arbitration agreements. In 2022,...more
In a decision with implications nationwide, the Supreme Court of the United States recently ruled that, under the Federal Arbitration Act — the principal federal statute that governs judicial enforcement of arbitration...more
6/30/2023
/ Appeals ,
Arbitration ,
Arbitration Agreements ,
Class Action ,
Coinbase Inc v Bielski ,
EFTA ,
Federal Arbitration Act ,
Fraud ,
Griggs v Provident Disc Co ,
Popular ,
SCOTUS
In a significant False Claims Act (“FCA”) decision handed down earlier this month, the U.S. Supreme Court held that the scienter element of the FCA (i.e., whether a defendant acted “knowingly”) turns on the defendant’s...more