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Will Defendants Be Left With the Tab, Even When Government Pays the Bill?: Courts Continue to Wrestle With Post-Escobar Materiality Standard
  • Vinson & Elkins LLP
  • USA
  • August 17 2017

Potentially adding to continued confusion regarding what to make of materiality in Escobar's wake, two more recent cases one stemming from the

Good faith expected of employers!
  • Stewart McKelvey
  • Canada
  • August 16 2017

While the concept of good faith is not new to employment law, its limits and implications remain uncertain. In a recent decision, Avalon Ford v Evans

Seventh Circuit Holds That 2009 CMS Letter Triggered Public Disclosure Bar for Pre- and Post-Letter Conduct
  • Sidley Austin LLP
  • USA
  • August 16 2017

On August 8, 2017, the Seventh Circuit affirmed the dismissal of an FCA suit alleging that a psychiatric hospital ("Hartgrove") submitted claims to

Medicare Claims Appeals: D.C. Circuit Reverses and Remands in Case Seeking Relief From Processing Delays
  • Foley & Lardner LLP
  • USA
  • August 16 2017

On August 11, 2017, the D.C. Circuit reversed the district court and held that the district court abused its discretion by ordering the Secretary of

You Might Feel a Small Stick: EEOC Sues on Failure to Accommodate Phlebotomist
  • Bradley Arant Boult Cummings LLP
  • USA
  • August 16 2017

If an employer provides a temporary reassignment to accommodate an employee’s disabilitypregnancy restrictions, does it have to return her to that

When the OSC Comes Knocking
  • Davies Ward Phillips & Vineberg LLP
  • Canada, USA
  • August 15 2017

In April, staff of the Ontario Securities Commission (OSC) commenced headline-grabbing regulatory enforcement proceedings against Home Capital Group

Off-Duty Emails May Be Compensable (or Not)
  • Foley & Lardner LLP
  • USA
  • August 14 2017

After living with the reality of after-hours work emails, texts and cell phone calls for so many years, no one should be surprised that the Fair

Trump Administration Moves Against Chinese IP Violations
  • Thompson Hine LLP
  • China, USA
  • August 14 2017

Section 301 of the Trade Act of 1974 provides the United States with the authority to enforce trade agreements, resolve trade disputes and open

Judge Forrest: Fact That Complaint Exposes Book By Former Fox News Host as Ghostwritten Is Not Grounds For Sealing
  • Steptoe & Johnson LLP
  • USA
  • August 14 2017

In an opinion unsealed last week, Judge Forrest ruled that a suit by the alleged ghostwriter of former Fox News host Andrea Tantaros’ book Tied Up in

Materiality Part I: Distinguishing Important Representations from the Minor or Insubstantial
  • Sheppard Mullin Richter & Hampton LLP
  • USA
  • August 11 2017

In Escobar, the Supreme Court described several factors that a district court should consider in assessing whether a particular contractual