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The <i>Chandler</i> Decision: What It Means
In March, the United States Supreme Court issued a decision in a False Claims Act case that has been closely watched by public and private entities alike. See Cook County v. United States ex rel. Chandler, 123 S. Ct. 1239 (2003). This article is intended to put that decision in perspective, to help readers understand what Chandler actually holds, and to reflect upon the future of False Claims Act litigation in the wake of Chandler and other recent Supreme Court decisions on punitive damages.
Are Municipalities Subject to 'Punitive' FCA Liability?
The Supreme Court was confronted with two fundamental questions in the Chandler case: 1) whether Congress intended the FCA to apply municipalities when the law was originally enacted in 1863, and 2) whether Congress intended the Act to apply to municipalities when it increased FCA damages and penalties in 1986. Although courts were split on the issue, a majority had held that local governments are not subject to qui tam liability under the “essentially punitive” provisions of the civil False Claims Act. Other courts held that even when local governments were sued under the FCA by the Justice Department, the punitive nature of FCA damages precluded municipal liability. See John T. Boese, Civil False Claims and Qui Tam Actions, ' 2.07[D] (Aspen Pub. 2d ed. Supp. 2003-1).
Major Differences In UK, U.S. Copyright Laws
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
The Article 8 Opt In
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
Removing Restrictive Covenants In New York
In Rockwell v. Despart, the New York Supreme Court, Third Department, recently revisited a recurring question: When may a landowner seek judicial removal of a covenant restricting use of her land?
The Benefits of Blockchain for e-Discovery and Data Preservation
As businesses across various industries increasingly adopt blockchain, it will become a critical source of discoverable electronically stored information. The potential benefits of blockchain for e-discovery and data preservation are substantial, making it an area of growing interest and importance.