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
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
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
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