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Jackson Lewis PC | USA | 21 Jun 2021

Tenth Circuit Affirms Damages Based on Revenue Credit, and Makes Clear That Arms-Length Service Agreements Without Evidence of A Prior Relationship Are Not Prohibited Transactions

On appeal following a bench trial of claims brought by a class of participants and beneficiaries of a 401(k) plan, the Tenth Circuit affirmed the…

McDermott Will & Emery | USA | 17 Jun 2021

10th Circuit Falls into Line on Exceptionality Doctrine in Lanham Act Cases

Addressing whether the term “exceptional case” in the Patent Act differs in meaning from the same term used in the Lanham Act, the US Court of…

Holland & Hart LLP | USA | 17 Jun 2021

10th Circuit Decision May Affect Work-From-Home Requests After Pandemic Ends

As COVID-19 vaccinations increase and states ease pandemic-related restrictions, many employers are beginning to plan for employees’ to return to the…

Kilpatrick Townsend & Stockton LLP | USA | 18 May 2021

Legal Writing: Font Requirements Across the Country

Two months ago, on March 16, the D.C. Circuit issued a notice on “Preferred Typefaces for Briefs,” in which the court explicitly “discourage[d] the…

Holland & Hart LLP | USA | 22 Mar 2021

Tenth Circuit Explains and Applies the Scope of Federal Preemption of Product Liability Suits Based on Medical Device Failures

In Brooks v. Mentor Worldwide, 985 F.3d 1272 (2021), the U.S. Court of Appeals for the Tenth Circuit waded into the “legal quagmire” facing parties…

Duane Morris LLP | USA | 19 Mar 2021

Tenth Circuit Holds There is No Limitations Period for FCC Debt Collections

In a decision issued this week, the Tenth Circuit held that when the FCC acts to collect debts to the United States, rather than impose a fine or…

Michael Best & Friedrich LLP | USA | 4 Mar 2021

Will POTUS Derail WOTUS? Courts Won't!

This week, the 10th Circuit Court of Appeals refused to enjoin the new Navigable Waters Protection Rule, a gem in the Crown that was Trump's EPA…

Brownstein Hyatt Farber Schreck LLP | USA | 3 Mar 2021

Navigable Waters Protection Rule Takes Effect in Colorado

The proper definition of “waters of the United States” is fiercely debated, and debatable. The Trump administration’s foray into the definition—the…

Hogan Lovells | USA | 9 Feb 2021

Evolving application of materiality standard continues to shape FCA litigation

An important element of liability under the False Claims Act (FCA) is proof that an alleged misrepresentation is material to the government’s payment…

Seyfarth Shaw LLP | USA | 29 Jan 2021

Court In Colorado Chops Off EEOC’s Motion For Reconsideration In Systemic Discrimination Lawsuit Against Meatpacker

In EEOC v. JBS USA, LLC, No. 10-CV-2103, 2021 U.S. Dist. LEXIS 13012 (D. Colo. Jan. 25, 2021), an EEOC-initiated lawsuit alleging a…
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