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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questions in the Chandler case: 1) whether Congress intended the FCA to apply municipalities when the law was originally enacted in 1863, and 2) whether Congress intended the Act to apply to municipalities when it increased FCA damages and penalties in 1986.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).
Yachts, Jets, Horses & Hooch: Specialized Commercial Leasing Models
Defining commercial real estate asset class is essentially a property explaining how it identifies — not necessarily what its original intention was or what others think it ought to be. This article discusses, from a general issue-spot and contextual analysis perspective, how lawyers ought to think about specialized leasing formats and the regulatory backdrops that may inform what the documentation needs to contain for compliance purposes.
Hyperlinked Documents: The Latest e-Discovery Challenge
As courts and discovery experts debate whether hyperlinked content should be treated the same as traditional attachments, legal practitioners are grappling with the technical and legal complexities of collecting, analyzing and reviewing these documents in real-world cases.
Identifying Your Practice's Differentiator
How to Convey Your Merits In a Way That Earns Trust, Clients and Distinctions Just as no two individuals have the exact same face, no two lawyers practice in their respective fields or serve clients in the exact same way. Think of this as a "Unique Value Proposition." Internal consideration about what you uniquely bring to your clients, colleagues, firm and industry can provide untold benefits for your law practice.
Risks and Ad Fraud Protection In Digital Advertising
The ever-evolving digital marketing landscape, coupled with the industry-wide adoption of programmatic advertising, poses a significant threat to the effectiveness and integrity of digital advertising campaigns. This article explores various risks to digital advertising from pixel stuffing and ad stacking to domain spoofing and bots. It will also explore what should be done to ensure ad fraud protection and improve effectiveness.
Turning Business Development Plans Into Reality
This article offers practical insights and best practices to navigate the path from roadmap to rainmaking, ensuring your business development efforts are not just sporadic bursts of activity, but an integrated part of your daily success.