Fifth Circuit Ruling Shifts FCA Defense Landscape: Reevaluating Government Investigations and Damages

The dynamics of court cases involving the United States government and the False Claims Act (FCA) continue to evolve, as highlighted by a recent ruling. After a hefty jury verdict following an extended trial, the United States Court of Appeals for the Fifth Circuit refused to dismiss the government’s intervening complaint as a punishiment for…

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Accessibility Challenges in Public Legal Spaces: The Fight for Inclusive Infrastructure

Legal professionals with disabilities, along with a disability rights advocate in Michigan, recently appealed to a federal judge to sustain their assertions that numerous government buildings, including local courthouses, are not accessible. According to their claims, these individuals face significant difficulties in performing their job functions and accessing public services due to architectural impediments. A…

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Navigating Regulatory Roadblocks: Borne Mission Report’s Impact on Healthcare Products Industry

The much-anticipated Borne Mission report on the regulation of healthcare products has now been published, leading to a mixed response from professionals within the legal and pharmaceutical sectors. Published as a response to growing concerns around bureaucracy and obstructions within the industry, the report, commissioned by the UK government, was meant to address these issues….

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DOJ Allocates $58.9 Million in Grants to Aid Survivors of Gender-Based Violence

The U.S. Department of Justice (DOJ) has recently awarded nearly $58.9 million in grants aimed at aiding survivors of domestic and dating violence, sexual assault, and stalking. This funding initiative, conducted through the Office on Violence Against Women, looks to enhance the availability of legal representation, improve coordination within the justice system, and provide guidance…

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Navigating Joint-Defense Agreements Amid Government Investigations: Risks and Rewards for In-House Counsel

In recent years, corporate in-house counsel has grappled with the complexities and challenges of joint-defense and common-interest agreements when companies become the subject of government investigations. These situations often involve a government subpoena requiring an employee to provide testimony, resulting in the employee retaining separate legal counsel to engage with the government under a proffer…

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Health Tech Faces Tighter Enforcement and Million-Dollar Penalties for Information Blocking

As of September 1, 2023, the U.S Office of Inspector General (OIG) at the Department of Health and Human Services (HHS) has been given the green light to start enforcement against Certified Health Information Technology (HIT) developers, health information exchanges (HIEs), and health information networks (HINs) for practices that infringe the information blocking provisions of…

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Inflation Reduction Act Proposals: Treasury Department and IRS Unveil Regulations for Energy Projects

The U.S. Department of Treasury and IRS put forth proposed regulations on August 29, 2023, in relation to the augmented credit or deduction amounts available under the Inflation Reduction Act of 2022 for taxpayers that comply with the prevailing wage and apprenticeship prerequisites concerning specific energy projects. The new regulations follow the preliminary IRS guidance…

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Biden Administration’s Environmental Justice Priorities Upheld in Louisiana Landmark Ruling

In a landmark ruling, the Eastern District of Louisiana granted a motion by the federal government to dismiss various arguments put forth by Denka Performance Elastomer. This decision underscores the persistence of the Biden Administration’s prioritization of environmental justice (EJ) issues, particularly in areas like Louisiana which have been the focal point of these efforts….

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Navigating the Complex Landscape of AI Regulation: A Comprehensive Guide for Legal Professionals

Regulation within the AI sector is often seen as a murky area, with advancements in technology outpacing the establishments of laws and policies necessary to govern their use effectively. As a result, businesses and legal professionals need to be aware of the rapidly changing landscape in AI regulation. This need for increased vigilance and knowledge…

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Federal Government Talent Attracts Big Law Firms for Litigation and Regulatory Strength

Law firms have been showing an increased demand for hiring from governmental realms, aiming to strengthen their litigation and regulatory practices as evidenced by Foley Hoag and Steptoe & Johnson. These two prominent firms have announced major partnership additions coming directly from the federal government. (National Law Journal) Foley Hoag welcomed Beth Neitzel, a former…

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OFCCP Issues FY2023 Audit Scheduling List, Emphasizes Importance of Compliance Preparedness

In a move widely expected following the completion of the Agency’s latest Scheduling Letter, the Office of Federal Contract Compliance Programs (OFCCP) has issued a fresh roster of selected contractors for audit under the FY2023 Release 2. The Agency further provided a clarification of its methodology employed to choose the shortlisted contractors. For a more…

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Afghanistan-Pakistan Tensions Rise Over Torkham Border Crossing Dispute

Over the past week, the ongoing dispute between Afghanistan and Pakistan regarding the Torkham Border Crossing has significantly escalated. Both nations have issued statements alleging that the other has indiscriminately opened fire on their respective border patrol forces. This contentious issue was further escalated by Pakistan’s decision to close the Torkham Border Crossing last week,…

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Iowa’s Public Sector Evolution: Streamlining Boards and Commissions for Optimal Performance

In a movement towards reorganization and increased effectiveness of the public sector, Iowa’s Boards and Commissions Review Committee (BCRC) released a comprehensive set of recommendations last week. These suggestions gathered responses from Iowans, who were given the chance to provide their input during a public comment held last Thursday. Out of the existing 256 boards…

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Government Unveils Draft Regulations for the Online News Act: Public Consultation Begins

In an announcement that arrived on September 2, 2023, the federal government unveiled its draft Regulations Respecting the Application of the Online News Act, the Duty to Notify and the Request for Exemptions (Draft Regulations). The public consultation phase for these draft regulations, which implement the Online News Act (Act), has officially begun. For those…

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CLF Files Lawsuit Against Twin Rivers Technologies for Alleged Clean Air and Water Act Violations

In a significant move towards environmental oversight, the Conservation Law Foundation (“CLF”) filed a Complaint for Declaratory and Injunctive Relief and Civil Penalties on August 14th (refer to the original detailed analysis on JD Supra ). The legal action is directly targeted against the Twin Rivers Technologies, Inc., and Twin Rivers Technologies Manufacturing Corporation, hereafter…

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DOJ and OCR Joint Letter Emphasizes Increased Scrutiny on Online Accessibility in Higher Education

In a decisive move, the U.S. Department of Justice, Civil Rights Division (DOJ) and the U.S. Department of Education, Office of Civil Rights (OCR) have issued a joint letter to institutions of higher education, signaling increased scrutiny in the realm of online accessibility. Notably, the collective action occurs in tandem with recent enforcement endeavors against…

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NIST Report Sheds Light on Stablecoin Technology and Security Challenges

The National Institute of Standards and Technology (NIST), a non-regulatory governmental agency known for its focus on the technological aspects of a diverse range of products and services—primarily non-financial—has recently released its final report, titled “Understanding Stablecoin Technology and Related Security Considerations“. The report, which was first drafted and made public in October 2022, was…

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DOE and NSF Select Projects to Boost Biomanufacturing Innovation and US Bioeconomy

The U.S. Department of Energy’s (DOE) Bioenergy Technologies Office (BETO) and the U.S. National Science Foundation (NSF) made a noteworthy decision recently, selecting three projects to escalate biomanufacturing innovation and advance the U.S. bioeconomy. This important move was announced on August 29, 2023. This selection comes under the funding opportunity titled “Accelerating Innovations in Biomanufacturing…

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GSA Extends OASIS Unrestricted Contract to March 2025: Implications for Contractors and Businesses

In this week’s legal update for contractors and commercial businesses, we turn our attention to the recent news regarding the General Service Administration’s (GSA) One Acquisition Solution for Integrated Services (OASIS) Unrestricted Contract, which has now been extended until March 2025. This update was reported by GovConWire and comes via the weekly roundup on JD…

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Navigating FCPA Compliance: Travel and Hospitality Expenses in Focus

In an environment where corporate compliance protocols are under the microscope, two recent actions under the Foreign Corrupt Practices Act (FCPA) spotlight the diligence required by legal and compliance departments, especially when it comes to reimbursing travel and hospitality-related expenses. These actions – a Department of Justice (DOJ) opinion letter and a Securities and Exchange…

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Navigating the Deal: Exploring the Evolving US Antitrust Enforcement Regime

The tumultuous landscape of U.S. antitrust law is undergoing remarkable transformations. The trigger? A once-in-a-generation shift in focus and enforcement vigour by U.S. antitrust agencies. Recently, these agencies have announced sweeping revisions to the merger review process within the United States, with reverberations echoing throughout the global corporate sphere. Profoundly aware of the heightened demand…

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DOJ Sheds Light on Foreign Government Official Travel: Navigating FCPA Uncertainties in International Business

In a rare occurrence, the Department of Justice (DOJ) issued a Foreign Corrupt Practices Act (FCPA) Opinion Procedure Release relating to the travel of foreign government officials. It’s a development that sheds light on the uncertainties in dealing with potential FCPA risks within the realm of international business transactions. Accessed via JD Supra, the DOJ…

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