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Greenbaum, Rowe, Smith & Davis LLP

First Circuit Decision Regarding Anti-Kickback Statute Standard Widens Circuit Split and Creates Potential for Supreme Court...

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The U.S. Court of Appeals for the First Circuit, in United States v. Regeneron, has joined the Sixth and Eighth Circuits in adopting the “but-for” standard to find that a violation of the Anti-Kickback Statute (AKS) triggers...more

Lerman Senter PLLC

Potential Federal Court Circuit Split Increases Uncertainty Around FCC's Enforcement Authority

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A potential federal court circuit split is developing over the constitutionality of the enforcement authority of federal agencies such as the Federal Communications Commission (FCC)....more

Troutman Amin LLP

A SHARP DISSENT: A Review Of The Dissent’s Take On The Supreme Court’s Ruling In McLaughlin.

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In McLaughlin Chiropractic Assocs., Inc. v. McKesson Corp., No. 23-1226, 2025 WL 1716136 (U.S. June 20, 2025), the Supreme Court determined that the Hobbs Act does not bind district courts in civil enforcement proceedings to...more

Jones Day

Brazilian Superior Court Greenlights the Seizure of Cryptocurrency in Enforcement Proceedings

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In a recent decision, the Brazilian Superior Court of Justice ("STJ") held that cryptocurrency is a financial asset with "economic value" and subject to seizure in enforcement proceedings....more

Warner Norcross + Judd

Federal Trial Court Rules That Standard Stellantis Contract Terms Do Not Create an Enforceable Requirements Contract

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Automotive contract law keeps evolving, and suppliers will need to continuously assess how these changes will impact them. As we previously reported, last summer, the United States Court of Appeals for the Sixth Circuit...more

Mintz - Intellectual Property Viewpoints

Has There Been A Sea Change in Eligible Domestic Industries at the ITC That Will Last?

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For decades, the ITC’s jurisdictional requirement – known as the domestic industry requirement – effectively shut out innovators from availing themselves of the powerful remedies of the forum, in the form of an exclusion...more

Robinson+Cole Health Law Diagnosis

First Circuit Makes Historic Decision: “But-For” Causation is the Majority Standard in AKS-Based FCA Claims

Robinson+Cole Health Law Diagnosis on

In a much-anticipated decision, the First Circuit unanimously ruled the government and relators must prove that a violation of the federal Anti-Kickback Statute (AKS) was the “but-for” cause of a false claim under the False...more

Orrick, Herrington & Sutcliffe LLP

California appellate court rules statutory damages don’t require proof of injury under state law

Orrick, Herrington & Sutcliffe LLP on

On February 13, in a decision from the California Court of Appeal, the court examined whether a consumer must establish actual damages to pursue statutory damages under California’s Fair Debt Buying Practices Act (FDBPA). The...more

Bradley Arant Boult Cummings LLP

Never Get Out of This Maze? Or a Path Forward for Alabama’s Medical Cannabis Program?

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“The overhead view is of me in a maze.” I don’t know what it says about me that the great Trey Anastasio and Tom Marshall of Phish fame were able to encapsulate my feelings so neatly – and the feelings of so many...more

Perkins Coie

Split Ninth Circuit Opinion Imposes Due Process Requirements for “In Rem” Forfeiture of Foreign Assets

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In United States v. Nasri, the U.S. Court of Appeals for the Ninth Circuit held that the U.S. government must satisfy Due Process requirements before it can seek civil forfeiture of assets located abroad. The 2-1 split panel...more

Williams Mullen

4th Circuit Narrows Protections from CWA Citizen Suits

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By majority decision in Naturaland Trust v. Dakota Finance, LLC, the United States Court of Appeals for the Fourth Circuit struck a blow against one of the affirmative defenses a company may use to defend against citizen...more

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