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SuperValu, Inc., holding that the False Claims Act’s scienter element — which asks whether a defendant “knowingly” submitted a fraudulent claim to the government — refers to a defendant’s knowledge and subjective beliefs, not to what an objectively reasonable person may have known or believed. [read post]

SCOTUSblog - http://www.scotusblog.com/

Carbon Neutrality Suit Against Delta Airlines Signals the Arrival Time of “Greenwashing” Litigation

15 Jun 2023, 7:13 am by Byron J. McLain and Cole K. Waldhauser

Delta Airlines Inc., No. 2:23-cv-04150 (C.D. [read post]

Energy Current - https://www.foley.com/en/insights/blogs/energy-current

Supreme Court Clarifies the False Claims Act’s Knowledge Requirement, Eliminating a Potential Defense for Government Contractors and Healthcare Providers Accused of Fraud

9 Jun 2023, 7:59 am by Michael J. Podberesky, Edwin O. Childs, Michael Francisco, Gretchen Heinze Townshend, Brett Barnett, Jonathan Ellis and Timothy J. Whittle

Burr.[7] The Supreme Court first explained that the Safeco Court interpreted “a different statute, the [Fair Credit Reporting Act], which had a different mens rea standard, ‘willfully. [read post]

Subject to Inquiry - http://www.subjecttoinquiry.com/

Supreme Court Finds Warhol’s Commercial Licensing of “Orange Prince” to Vanity Fair Is Not Fair Use and Infringes Goldsmith’s Famed Rock Photo

6 Jun 2023, 9:50 am by Ted Max and Joseph Ireland

Goldsmith was not paid or credited for this use. [read post]

Retail Trend Spotter - https://www.retailtrendspotter.com/

Guest Post: Monitoring Cash Flows: The Board, the CLO, and the CFO

6 Jun 2023, 8:38 am by Kevin LaCroix

The recent, ongoing developments regarding the survival of certain banks, and perhaps even the future shape of the banking industry as a whole, stand as a testament to the fact that the CEO, CFO, and the general counsel (“GC”) and CLO must join with the board and others in focusing on operational and capital cash flows. [read post]

The D & O Diary - http://www.dandodiary.com/

Supreme Court Finds Warhol’s Commercial Licensing of “Orange Prince” to Vanity Fair Is Not Fair Use and Infringes Goldsmith’s Famed Rock Photo

5 Jun 2023, 11:49 am by Ted Max and Joseph Ireland

Goldsmith was not paid or credited for this use. [read post]

Ad Briefs: Covering Your Ads - http://www.coveringyourads.com/

Supreme Court Finds Warhol’s Commercial Licensing of “Orange Prince” to Vanity Fair Is Not Fair Use and Infringes Goldsmith’s Famed Rock Photo

5 Jun 2023, 11:39 am by Ted Max and Joseph Ireland

Goldsmith was not paid or credited for this use. [read post]

Intellectual Property Law Blog - http://www.intellectualpropertylawblog.com/

Supreme Court rejects “objectively reasonable” defense in False Claims Act cases

3 Jun 2023, 6:37 pm by Ben Vernia

Comment: Overall, this is a surprisingly good result for whistleblowers and their counsel. [read post]

False Claims Counsel - http://www.falseclaimscounsel.com/wordpress

Supreme Court Finds Warhol’s Commercial Licensing of “Orange Prince” to Vanity Fair Is Not Fair Use and Infringes Goldsmith’s Famed Rock Photo

26 May 2023, 10:56 am by Ted Max and Joseph Ireland

Goldsmith was not paid or credited for this use. [read post]

Art Law Gallery - https://www.artlawgallery.com/

[Eugene Volokh] No Pseudonymity for Woman Suing Mike Tyson, Alleging He Raped Her 30 Years Ago

25 May 2023, 10:14 am by Eugene Volokh

First, C.D. had engaged his current counsel. [read post]

The Volokh Conspiracy - http://www.volokh.com/

The Untold Strength of Tax Crimes in Manhattan DA’s Case Against Former President Trump

24 May 2023, 6:37 am by Paula Junghans

” The indictment and its accompanying “statement of facts” accuse Trump of orchestrating a “catch and kill” scheme with his fixer Michael Cohen, American Media, Inc. [read post]

Just Security - https://www.justsecurity.org/

Information as Regulatory Assets, the National Security Stratagem, and Emerging Governance Consequences: Yintao Yu v. ByteDance, Inc. (CCGC-23-606246) (TikTok)

14 May 2023, 7:07 pm

Bytedance, Inc. [read post]

Law at the End of the Day - https://lcbackerblog.blogspot.com/

Milbank Discusses Universal Proxy and “Horizontal” Conflicts

9 May 2023, 9:01 pm by renholding

There is reason to believe the SEC’s new universal proxy Rule 14a-19 will result in more stockholder nominees being elected to the boards of public companies. [read post]

The CLS Blue Sky Blog - https://clsbluesky.law.columbia.edu/

Being Optimally Sized, Focused, Efficient and Effective Are, Perhaps, Keys to Successful Professional Information Publishing

5 May 2023, 4:00 am by Robert McKay

More objective observers might keep their own counsel on the scale and impact of any challenge, for the present, but the direction of travel is clear, and it may be that they are now at an optimum size to compete effectively, and possibly even with honour and integrity. [read post]

Slaw - http://www.slaw.ca/

Have the SEC’s Delay Tactics Made Its Petition for Rulemaking Process Vulnerable to Challenge? A Look at In re Coinbase Inc. and SEC’s Nullification of 5 U.S.C. § 553(e) by Inaction, by Kara McKenna Rollins

3 May 2023, 11:54 am by Guest Author

Kara McKenna Rollins is Litigation Counsel at the New Civil Liberties Alliance [read post]

Notice & Comment - https://www.yalejreg.com/nc/