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1 May 2024, 1:18 pm
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
NOTICE: These statements and materials are for general informational and educational purposes only. [read post]
29 Apr 2024, 7:41 pm
Using a materiality standard to evaluate interestedness is not novel. [read post]
29 Apr 2024, 8:34 am
Kellogg USA Inc. [read post]
29 Apr 2024, 8:11 am
Sundowner Offshore Services, Inc., 523 U.S. 75, 80 (1998)). [read post]
28 Apr 2024, 6:31 pm
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]
27 Apr 2024, 12:16 pm
MONDELEZ INTERNATIONAL, INC., Dist. [read post]
26 Apr 2024, 9:08 am
New Relists Medical Marijuana, Inc. v. [read post]
25 Apr 2024, 9:46 am
Int’l, Inc., 89 F.4th 1154 (9th Cir. 2024). [read post]
23 Apr 2024, 9:01 pm
Activision Blizzard, Inc., C.A. [read post]
23 Apr 2024, 7:51 am
Choice Hotels International Inc., Case No. 23STCV28359 (Cal. [read post]
22 Apr 2024, 1:11 pm
For example, in In re GoHealth, Inc. [read post]
22 Apr 2024, 11:16 am
" Netflix, Inc. v. [read post]
20 Apr 2024, 8:18 pm
These exceptions apply to patients with life-threatening conditions where there is no alternative for treatment. [read post]
20 Apr 2024, 9:14 am
Am., Inc., No. 23-1052 (U.S. [read post]
19 Apr 2024, 11:35 am
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]
19 Apr 2024, 9:27 am
Ripple Labs Inc. [read post]
18 Apr 2024, 10:12 am
Booz-Allen & Hamilton, Inc., 368 F. 3d 371 (4th Cir. 2004) (“significant detrimental effect”); O’Neal v. [read post]
17 Apr 2024, 10:19 am
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]
17 Apr 2024, 9:47 am
Trump for President, Inc., 2024 WL 1560462 (Colo. [read post]