The Supreme Court May Limit the False Claim Act's Scope
April 01, 2016
The DOJ and whistleblowers, with the support of many courts, have become increasingly aggressive in pursuing supposed false claims for federal reimbursement under the False Claims Act (FCA). In 2015, for example, the DOJ reported 737 new FCA matters and recovered more than $3.5 billion in FCA settlements and judgments.
Court Watch
April 01, 2016
Court Declines to Issue Preliminary Injunction Notwithstanding Franchise Agreement Properly Terminated <br>Noncompetition Covenant Not Enforced Where Franchisor Will Not Open Again in Area
Landlord & Tenant
April 01, 2016
Discussion of a case in which a civil court abused its discretion by staying execution of a warrant of eviction.
Cybersecurity Meets EDRM with the Cybersecurity Reference Model
April 01, 2016
Many legal technology practitioners have great familiarity with the Electronic Discovery Reference Model (EDRM). The model allows attorneys and those who support them to use a common lexicon while wrestling with the complex issues and tasks associated with the discovery process. As the legal technology industry moves deeper into commoditization, new skills, knowledge bases and technology related to security and privacy outside the traditional EDRM will increasingly become the focal point for professional development.
Immediate Impact of the Repeal of Form 18 On Patent Litigation
April 01, 2016
On Dec. 1, 2015, the latest amendments to the Federal Rules of Civil Procedure (FRCP) became effective. The amendments include significant changes to rules governing the discovery process, especially Rules 16 and 26. But they also include a significant change to the rules governing the very first filing in any patent infringement case.
10th Circuit Upholds Tax Reporting Law
April 01, 2016
Because of a controversial U.S. Supreme Court ruling from 1992, online retailers don't charge sales tax in states where they don't have a physical presence. It's a situation that traditional retailers have bemoaned for years. To their dismay, the U.S. Congress hasn't done a thing about it.
Quarterly State Compliance Review
April 01, 2016
This edition of the Quarterly State Compliance Review looks at legislation of interest to corporate lawyers that was recently passed or went into effect and looks at some recent decisions of interest from the courts of Delaware and New York.
What Non-Delaware Lawyers Need to Know About e-Discovery in Delaware
April 01, 2016
Many non-Delaware lawyers will, at some point in their careers, find themselves practicing in a Delaware court after being admitted pro hac vice. For those that do, it is important to note that the Delaware courts take e-discovery seriously and have a sophisticated understanding of it. This article serves as a primer on conducting e-discovery in the Delaware courts.
Building Class Standards in Commercial Leasing
April 01, 2016
This article explores the standards by which office buildings are compared to one another and the significance of those standards and comparisons in commercial lease transactions.
Case Notes
April 01, 2016
Conclusion of a two-part analysis of a case involving a Cumis counsel on the hook for unreasonable fees.