law

“For scienter, it is enough if respondents believed that their claims were not accurate.” 1 - Justice Thomas On June 1, 2023, the Supreme Court issued its opinion on the ongoing False Claims Act (“FCA”) scienter issues (the “Opinion”) – i.e., does a company’s objective or subjective knowledge matter regarding whether its submissions to...

Recent Trends in Non-Compete Agreements Are non-compete agreements (colloquially referred to as “non-competes”) on their way out? Over the past year, more states are either prohibiting the enforce ability of non-competes or greatly restricting their use, hinting at a growing trend away from non-competes. The Federal Trade Commission (“FTC”), which is always on the...

“If it ain’t broke, don’t fix it.” – Justice Kagan The Supreme Court decided to dismiss In re Grand Jury as “improvidently granted” in its January 23, 2023 Order after hearing oral argument on the case earlier this month. In other words, after agreeing to hear the case, and instead of establishing clear law...

The Committee on Foreign Investment in the United States (“CFIUS”) is cracking down on companies who fail to comply with CFIUS mitigation agreements and other legal obligations under section 721 of the Defense Production Act of 1950, as amended (codified at 50 U.S.C. 4565). On October 20, 2022, the Department of Treasury, chair of...

Two contractors walk into a bar (named Public Disclosure). The first says, “Let’s cheat the Government!” The second says, “Great; I know just how to do it, I’m going to charge less than our regular prices – ON PURPOSE – just to mess with Uncle Sam.”   The contractors are overhead by a serial whistleblower,...