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First Circuit Requires But-For Causation for FCA Liability Based on AKS Violations

Key Takeaways - The First Circuit ruled in United States v. Regeneron Pharmaceuticals, Inc., that the government must prove but-for causation to establish False Claims Act (FCA) liability based on violations of the...more

Zafirov Decision: A Turning Point or Just Another Chapter in Qui Tam?

A tool long-favored by the plaintiffs' bar to extract big judgments and settlements from individuals and companies – the False Claims Act (FCA) – which allows individual whistleblowers to pursue alleged civil wrongdoers in...more

Tipped Over: Fifth Circuit Vacates the DOL's Rule for Tipped Employees

The United States Court of Appeals for the Fifth Circuit issued a ruling on August 23, 2024, vacating a 2021 Final Rule of the Department of Labor (DOL), which limited the circumstances under which employers can claim a "tip...more

What Employers Should Know About the EEOC's Proposed PWFA Regulations

On August 7, 2023, the U.S. Equal Employment Opportunity Commission (EEOC) released its highly anticipated Notice of Proposed Rulemaking (NPRM) related to its proposal for the implementation of the Pregnant Workers Fairness...more

National Labor Relations Board's Recent Rulemaking Agenda

The National Labor Relations Board (NLRB or Board) recently released its anticipated rulemaking priorities in the Unified Agenda of Federal Regulatory and Deregulatory Actions (the Agenda). ...more

Supreme Court Holds that Class Action Waivers in Employee Arbitration Agreements are Enforceable

Yesterday, the U.S. Supreme Court issued a long-awaited decision (the Epic Systems decision) regarding the enforceability of employee arbitration agreements that include class/collective action waivers. ...more

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