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False Claims Act: Circuit Court Questionably Construes Scienter Requirement
  • Jones Day
  • USA
  • June 21 2017

The U.S. Court of Appeals for the Eleventh Circuit recently issued an opinion addressing the False Claims Act's intent requirement. U.S. ex rel. Phalp

Resignation Date Starts the Statute of Limitations Clock In Constructive Discharge Cases, Supreme Court Holds
  • Franczek Radelet PC
  • USA
  • May 25 2016

On Monday, the U.S. Supreme Court ruled that the statute of limitations for purposes of filing a claim alleging constructive discharge begins to run

Ninth Circuit decision further clouds preemption issues in idea theft cases
  • Kelley Drye & Warren LLP
  • USA
  • May 6 2011

On May 4, 2011, the U.S. Court of Appeals for the Ninth Circuit filed its decision reversing the order of the district court dismissing plaintiffs’ idea theft claim on the grounds of copyright preemption, remanding for further proceedings.

Kasten v. Saint-Gobain: Supreme Court rules that oral employee complaints are afforded FLSA retaliation protection
  • Dorsey & Whitney LLP
  • USA
  • March 24 2011

On March 22, 2011, the United States Supreme Court issued its long-awaited opinion in Kasten v. Saint-Gobain Performance Plastics Corp., __U.S.__, No. 09-834 (Mar. 22, 2011), holding that oral complaints are sufficient to support retaliation cases under the federal Fair Labor Standards Act (“FLSA”).

Second Circuit wades into the PSLRA safe harbor - the lessons of Slayton v. American Express for forward-looking statements
  • Latham & Watkins LLP
  • USA
  • June 10 2010

The Second Circuit has issued its first opinion analyzing the 15 year-old safe harbor provision in the Private Securities Litigation Reform Act (PSLRA) for forward-looking statements that become the subject of a Rule 10b-5 lawsuit.

Rethinking restrictive covenant enforceability in Illinois
  • Epstein Becker Green
  • USA
  • October 26 2009

In advising against the blind application of legal doctrines, Justice Oliver Wendell Holmes wrote that "it is revolting to have no better reason for a rule of law than that so it was laid down in the time of Henry IV."

Self-defense is an “accident”?
  • Jorden Burt LLP
  • USA
  • July 28 2009

The Connecticut Supreme Court recently held in Vermont Mut. Ins. Co. v. Walukiewicz, that the term “accident” as used in a liability policy can reasonably be interpreted to include bodily injury caused by acts of self-defense.

U.S. Supreme Court agrees to hear Jones v. Harris Associates
  • Vedder Price PC
  • USA
  • June 1 2009

On March 9, 2009, the U.S. Supreme Court granted certiorari in Jones v. Harris Associates, in which the Seventh Circuit explicitly rejected the Gartenberg standard (from the Second Circuit) for evaluating advisory fees and adopted a new standard, which looks to market efficiency and trust law fiduciary duty rather than “reasonableness.”