Litigation

False Claims Act Cases Involving Set-Aside Contracts Held to More Stringent Requirements Following Escobar

June 22, 2018
By Ambika J. Biggs
Two years have passed since the U.S. Supreme Court issued Universal Health Services, Inc. v. United States ex rel. Escobar, a key False Claims Act ("FCA") case that resolved a circuit court split regarding the scope and validity of the implied false certification theory and established that the materiality standard for FCA cases is "demanding." Since that time, lower courts have been implementing those standards to varying effects. The trend has been favorable for companies facing FCA cases that allege false certifications related to qualifications to participate in socio-economic contracting programs.
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Doing Business Internationally? Litigation Just Became More Difficult!

June 15, 2018
By Matthew E. Feinberg
Over the last twenty years, the expanding world market has made it easier for domestic companies to conduct business overseas and with foreign corporations. Large and small businesses alike are going global, receiving and providing products, services, and intellectual property internationally. But, along with new international opportunities comes an increase in the complexity of business-to-business transactions. And, when business deals between domestic and foreign businesses go south, the legal implications become more difficult to navigate.
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New Maryland Sexual Harassment Law Creates Important Implications for Employers Both Inside and Outside the State

May 24, 2018
By Matthew E. Feinberg
On May 15, 2018, Maryland Governor Larry Hogan signed into law the Disclosing Sexual Harassment in the Workplace Act of 2018. Described by bill sponsor Craig Zucker (D-Montgomery) as a "national model," the law, which goes into effect on October 1, 2018, is the first of its kind in the Mid-Atlantic region. And, it has important implications, not only for employers in the State of Maryland, but for out-of-state employers who allow employees to telecommute from, work from time to time in, or participate in events in Maryland.
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When the Law Comes A Callin': A "How To" For Responding to Subpoenas and Document Requests

May 17, 2018
By Matthew E. Feinberg
Since the last Presidential election campaign began almost three years ago, there has been a significant public focus on sexual harassment, income inequality, crimes against women, public corruption, and the income gap. Sexual harassment claims have skyrocketed in recent months, with some states reporting as much as 400% increases in claim reports. The Department of Labor is enforcing ever-changing compensation rules on service employers. Federal courts are recognizing an expanded reach of workplace non-discrimination laws to the LGBTQ+ community. And, various government watchdogs, including several state attorneys general are opening large-scale policy-based investigations seeking to expose sexual harassment, workplace discrimination, and unequal treatment.
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Lack of Judges Leads to Longer Litigation Times

March 29, 2018
By Ambika J. Biggs
During the past three years, the number of judicial vacancies in U.S. federal courts has quickly grown. While there has been a flurry of individuals recently nominated to fill the vacant judgeships, many positions remain open. This has led to clogged dockets and increased the length of time it takes cases to be resolved in federal courts.
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