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1 May 2024, 1:18 pm by Melissa Tremblay
Applying Rule 9(b) to AKS-based FCA cases is challenging because the two statutes define scienter differently: Whereas the FCA defines “knowing” to include actual knowledge, deliberate indifference and reckless disregard,[2] the AKS applies to misconduct done “knowingly and willfully. [read post]
30 Apr 2024, 2:51 pm by Cynthia Marcotte Stamer
NOTICE: These statements and materials are for general informational and educational purposes only. [read post]
These rules mostly do not apply to law students, save for ABA Rule 8.1—“An applicant for admission to the bar . . . shall not: (a) knowingly make a false statement of material fact. [read post]
19 Apr 2024, 11:35 am by Michael Oykhman
The actus reus for a lottery offence under s. 207 is established by proof, beyond a reasonable doubt, of the following: The accused did something that was not authorized by s. 207, that is: The accused was not a member of government acting lawfully, the accused was not a charitable or religious organization with a licence, was not a member of a fair or exhibition or a lessee of a licensed or lawful concession, did not agree with the government of another province, as a government member, that… [read post]
Booz-Allen & Hamilton, Inc., 368 F. 3d 371 (4th Cir. 2004) (“significant detrimental effect”); O’Neal v. [read post]
  Companies seeking to reduce their exposure to liability associated with cyber or physical attacks should consider applying for designation or certification under the SAFETY Act. [read post]