New Sources of Discoverable Evidence
<b><I>Part One of a Two-Part Article</I></b><p>Personal assistants, fitness trackers, and automotive black boxes are among the devices whose data and metadata may have big impact in legal cases. Here's why.
<b><I>Escobar's</I></b> Effect on False Claims Act <b><I>Qui Tam</I></b> Actions
The Supreme Court, in <I>Universal Health Servs., Inc. v. United States ex rel. Escobar</I>, altered the landscape for FCA litigation. In this case, the Supreme Court instructed lower courts to scrutinize the materiality of the false statements to the government's decision to pay a claim; in doing so, the Court raised the bar for successful prosecution of <I>qui tam</I> claims.
Defamation and the Disgruntled Defendant
<b><I>Part One of a Two-Part Article</I></b><p>Analysis of a recent case in which a company, publicly accused by a plaintiff's lawyers of using non-FDA-approved medical devices, fought back by bringing a defamation suit against the opposing attorneys. The decision in the appeal offers some insights into what kinds of allegations may be publicized, and in what circumstances, when a product liability charge is brought.
The Equal Pay Act
With the trend among cities and states moving toward closing the gender wage equality gap, the question remains: What was the U.S. Court of Appeals for the Ninth Circuit thinking this April when it decided <I>Rizo v. Yovino?</I>
The Art of Filing a Proof of Claim in a Bankruptcy Case
<b><I>Rule Changes You Should Understand</I></b><p>This article focuses on the strategies that an equipment financier may explore when it needs to file a proof of claim in a bankruptcy case to preserve its rights. It also describes a debtor's right to object to a creditor's claim.
New York State's Attorney for the Child System Falls Short
<b><I>Part One of a Two-Part Article</I></b><p>Custody disputes can be financially and emotionally draining, and stressful for both parents and children. It was once believed that after a divorce, children needed the full-time stability of a home run by one parent, but today, shared custody has become an accepted method of circumventing the brutal dynamics of divorce litigation.
A Broadening Consensus to Narrow Asset Forfeiture
When Attorney General Jeff Sessions announced in July that the federal government planned to again emphasize the pursuit of civil asset forfeitures, it raised issues for many, including the spouses and family members of those who are charged with committing federal crimes.
Third-Party Litigation Funding
Third-party litigation funding is a relatively new, but rapidly expanding litigation financing vehicle. According to the authors, general counsel and commercial litigators would be well served to understand the changing landscape regarding the scope and potential uses of such funding.
