Searching Content indexed under Court Procedure by Ropes & Gray LLP ordered by Published Date Descending.
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Northern District Of Illinois Updates Mandatory Initial Discovery Pilot Project
Beginning last month, the Northern District of Illinois (or the "Court") modified its Mandatory Initial Discovery Pilot Project (the "Pilot Project") in ways that should come as a relief to corporate
United States
17 Jan 2019
Separate Article III Standing Not Necessary For PTAB Appellees
Article III Standing Only Necessary for Party Invoking Authority of Federal Courts
United States
13 Sep 2017
Justices Skeptical Of SEC Disgorgement Without Time Limits
The SEC contends that disgorgement is not designed to punish, but instead serves to prevent a defendant from becoming unjustly enriched by violating the federal securities laws.
United States
26 Apr 2017
Another Way To Challenge Standing In Data Breach Cases
A common tactic in defending federal consumer data breach litigation is challenging the plaintiff's standing on a motion to dismiss.
United States
26 Apr 2017
Sixth Circuit Affirms that Broad Public Disclosure of Misconduct May Bar More Specific Allegations of Fraud Under False Claims Act's Public Disclosure Bar
Sixth Circuit Affirms That Broad Public Disclosure Of Misconduct May Bar More Specific Allegations Of Fraud Under False Claims Act's Public Disclosure Bar
United States
27 Jan 2017
Supreme Court Declines To Resolve False Claims Act Public Disclosure Bar Circuit Split
The court's analysis focused on the content of two disclosures, the FTA letter and the Rubin Audit Report.
United States
27 Jan 2017
Eighth Circuit Dismisses Interlocutory FCA Appeal For Lack Of Jurisdiction
In this April 2016 decision, the Eighth Circuit held that it lacked jurisdiction to consider the appeal of a two-state agency seeking review of a denial of its motion for summary judgment.
United States
9 Dec 2016
Fourth Circuit Holds False Claims Act Relators Cannot Use Facts Learned By Their Attorney In A Previous Case To Defeat The FCA's Public Disclosure Bar
The Fourth Circuit held that the a complaint that is "based on" relators' attorney's work on a prior dismissed FCA action triggers the False Claims Act's public disclosure bar.
United States
6 Sep 2016
Delaware Supreme Court Holds That Business Registration Does Not Constitute Consent To General Personal Jurisdiction
On April 18, 2016, the Delaware Supreme Court held that corporations not incorporated in Delaware that register to do business in that state are not subject to the "general" jurisdiction of the Delaware courts.
United States
4 May 2016
Recent Ninth Circuit En Banc Decision Makes It Easier For Relators To Be An Original Source And The First-To-File
On July 7, 2015, the United States Court of Appeals for the Ninth Circuit issued an en banc decision that potentially makes it easier for relators to prevail on pending False Claim Act qui tam suits and bring new actions in the Ninth Circuit.
United States
22 Jul 2015
Eighth Circuit Affirms False Claims Act Dismissal On Rule 9(b) Grounds
The U.S. Court of Appeals for the Eighth Circuit recently affirmed the dismissal of a False Claims Act ("FCA") complaint in United States ex rel. Dunn v. North Memorial Health Care (8th Cir. No. 13-1099, Jan. 9, 2014) for failing to meet the particularity requirements of Rule 9(b).
United States
17 Jan 2014
First Circuit Oral Argument Considers The Proper Standard Governing The False Claims Actís "First-To-File" Rule
Under the first-to-file rule, when an individual files an action, no person other than the government may bring a related action based on the facts underlying the pending case.
United States
19 Apr 2013
Delaware Court Of Chancery Rules Reverse Triangular Mergers Do Not Result In Assignments By Operation Of Law
On Friday, the Court of Appeals for the Federal Circuit ordered en banc review to address long-standing questions regarding the standard of review for claim construction in patent cases.
United States
20 Mar 2013
Supreme Court Holds That 10b-5 Plaintiffs Need Not Prove "Materiality" At Class Certification Stage
On February 27, 2013, the Supreme Court of the United States held that plaintiffs are not required to prove that alleged misrepresentations or omissions are "material" in order to secure class certification in securities litigation.
United States
12 Mar 2013
Supreme Court Adopts Strict Interpretation Of The Statute Of Limitations For SEC Civil Penalty Enforcement Actions
On February 27, 2013, the United States Supreme Court unanimously adopted a strict interpretation of the five-year period in which the Securities and Exchange Commission ("SEC") may seek to impose a civil penalty on a registered investment adviser.
United States
5 Mar 2013
Second Circuit Holds First Amendment Bars Conviction Based Solely On Off-Label Promotion Of FDA-Approved Drug
In its long-awaited decision in United States v. Caronia, the Second Circuit ruled today that the First Amendment bars the criminal prosecution of pharmaceutical manufacturers or their sales representatives for truthful, non-misleading speech promoting the lawful, off-label use of an FDA-approved drug.
United States
4 Dec 2012
Government Enforcement Attorneys Analyze Amendments To Insider Trading Sentencing Guidelines And Appropriate Compliance
Government enforcement partners Chris Conniff (New York) and Jim Dowden (Boston), and securities litigation associate Brendon Carrington have written "Insider Trading Sentences Get Extra Bite" for the May 7 issue of Compliance Reporter.
United States
4 Dec 2012
U.S. District Court Issues False Claims Act Judgment For Defendants In Case Challenging Competitive Bidding For DME Contract
After a fourteen-day bench trial, a Mississippi federal court in United States ex rel. Jamison v. McKesson Corp., et al., Civ. A. No. 2:08-cv-214-SA-JMV (N.D. Miss. Sept. 28, 2012), rendered a complete verdict for the defense, holding that in this federal False Claims Act case based on the Anti-Kickback Statute ("AKS") , the United States had failed to carry its burden to prove that illegal remuneration had been offered or accepted, or that any defendant had acted with the scienter required by t
United States
2 Nov 2012
Delaware Supreme Court Changes Law On Burden Shifting In Conflict Of Interest Cases And Upholds Huge Damages And Attorney Fee Award
In a highly anticipated decision, on August 27, the Delaware Supreme Court upheld Chancellor Leo Strineís October 2011 trial decision in the Southern Peru Copper case.
United States
31 Aug 2012
Federal Judge Permanently Blocks State Law Barring Doctors From Asking About Guns
The court found that the law curtailed the First Amendment rights of physicians across the state to speak with their patients about gun safety.
United States
11 Jul 2012
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