The U.S. Department of Justice (DOJ) announced on October 29, 2020 it reached a more than $9.2 million settlement with Medtronic USA Inc. to resolve allegations it violated the False Claims Act (FCA) and Open Payment Program.[1] Specifically, Medtronic agreed to pay $8.1 million to resolve FCA allegations it paid kickbacks to induce a South Dakota neurosurgeon to use its SynchroMed II intrathecal infusion pumps ...
Pet owners do not get damages at law for the wrongful death of their pets, even when caused by fraudulent and unscrupulous profiteers. Should they? For many affluent “parents” of “furkids”, it is a familiar routine come Christmas or any other holiday season: stopping by at an expensive boarding facility on the way to the airport to drop off their precious pets, rather than leaving the cute critters home alone ...
Electronic cigarettes and vaping have been heralded by many as a safer alternative to smoking traditional cigarettes. An outbreak of illnesses last fall allegedly related to vaping, however, ignited public hysteria and will almost certainly lead to substantial mass tort litigation aimed at manufacturers of e-cigarette devices and vaping liquids ...
We consider the first post Lloyd v Google decision considering loss of control damages under the GDPR and Data Protection Act 2018 and its implications for the future of data and privacy litigation. It suddenly became much more difficult to bring collective privacy claims in England in November last year when Google succeeded in the Lloyd v Google litigation before the UK Supreme Court ...
As courts cautiously resume in-person hearings across the country, there is looming uncertainty about when—or if—civil jury trials will ever resume. For instance, B.C. and some regions in Ontario have announced that civil jury trials are suspended until at least 2021—and Ontario is considering whether to abolish them altogether ...
The Decree, which came into force on 20th September 2021, has abolished the Emirates Maritime Arbitration Centre (EMAC) and the DIFC Arbitration Institute (DAI). The Decree has taken the local legal and business community by surprise, and has given rise to legitimate concerns as to its impact on arbitration proceedings presently underway ...
The United States Court of Federal Claims recently dismissed multiple challenges to the accuracy of a Contract Performance Assessment Report (CPAR), not based on merit but based on jurisdiction. This serves as a reminder to all that the proper mechanism to challenge a CPAR must be obeyed for the claims to be heard. In Colonna’s Shipyard, Inc. v. United States, Colonna sought to challenge the accuracy of its CPAR from a previous Navy contract, the Narragansett Contract ...
The short answer is yes. Each of the parties to a divorce are under a duty to provide full, frank and clear disclosure of their financial circumstances. However, there are some circumstances where parties can, rightly or wrongly, get around this rule ...
March 24, 2022 By: Karen N. George and Andrew H. Selesnick The DMHC issued its final guidance on the No Surprises Act, confirming that the Knox-Keene Act constitutes a “specified state law” under the Act. The out-of-network reimbursement requirements for emergency services and the dispute resolution process in the NSA will therefore not apply to DMHC claims ...
Whilst divorce rates for younger couples seems to be on a decline, the rate of later life divorce is on the rise with the divorce rates for those 65 years and older having tripled since 1990. There are various reasons for later life divorces such as growing apart, children having left home, retirement or age-related illnesses, but a common factor is because they do not want to start the last chapter of their life unhappy ...
A Florida district court recently dismissed without prejudice a False Claims Act (FCA) qui tam action, finding the action precluded by the first-to-file bar. See United States ex rel. Cho v. H.I.G. Capital, LLC, No. 8:17-cv-983-T-33AEP, 2020 U.S. Dist. LEXIS 155373 (M.D. Fla. Aug. 26, 2020) ...
The Department of Justice (DOJ) suffered an unusual defeat when its motion for late intervention in a False Claims Act (FCA)[1] qui tam case, United States ex rel. Odom v. Southeast Eye Specialists, PLLC,[2] was rebuffed by the Middle District of Tennessee, rejecting the magistrate judge’s recommendations ...
On 6 April 2014, the historic remedy of distress ceased to exist. The tool that landlords have used for centuries has been replaced by the Commercial Rent Arrears Recovery (‘CRAR’) regime.Tenants have welcomed this development as CRAR prevents bailiffs from simply turning up unannounced at the tenant’s address in order to seize goods. Landlords on the other hand are now faced with a more complex process and the loss of the element of surprise ...
In a decision rendered on December 1, 2016, the Superior Court of Québec had to rule on a situation which, until that time, was completely novel, and to determine whether lawyers can act in a court action against former employees of a client whom they still have to work with in connection with another related proceeding. The Court declared that the lawyers were disqualified ...
In January of this year, the United States Court of Appeals for the Fourth Circuit (“Fourth Circuit”) decided the case of Clark v. Absolute Collection Service, Inc. (741 F.3d 487, 4th Cir. 2014). The question of first impression before the Court was whether Section 1692g(a)(3) of the Fair Debt Collection Practices Act (“FDCPA”) requires a consumer to dispute a debt in writing to gain the protections afforded by the FDCPA ...
2023 was largely characterised by macroeconomic volatility and heightened geopolitical tension. Due to this, many companies are now facing unexpected legal disputes after finding themselves or their contractual counterparties in distressed situations. Disputes Day 2024 will therefore focus on Disputes and Distressed Parties. The event will be organised on 19 March and it aims to provide practical insights to help companies navigate the complexities of legal disputes ...
The top level domain .УКР was delegated to Ukraine by the Internet Corporation for Assigned Names and Numbers (ICANN) on 28 February 2013. The Ukrainian Network Information Center (UANIC) became administrator and manager of .УКР domain. Registration in the .УКР domain opened on 22 August 2013. Thus, this domain became the fourth Cyrillic domain of top level after the Russian .P$, the Serbian .CPS and the Kazakh .КАЗ ...
Article by Anne Coulon, Regional Legal Adviser, DFDL Thailand This article considers the various modes of dispute resolution used the most in Thailand, with particular reference to several key industry sectors of Thailand. Even where significant commercial interests are at stake, a dispute need not necessarily lead to an all-out confrontation. The opposing parties may attempt to settle their dispute through negotiation, and sometimes, mediation ...
The novel coronavirus (“COVID-19”) epidemic has spread across the country since December 2019. So far, 31 provinces, municipalities and autonomous regions have launched Class A major public health emergency responses ...
The novel coronavirus (2019-nCoV) outbreak has affected the performance of numerous civil and commercial contracts. In this article, we examine the general legal impact of the outbreak on the performance of contracts from two perspectives, namely: 1) force majeure and 2) change in circumstances. We identify the relevant legal issues involved from these two perspectives and put forward our preliminary analysis for your reference ...
The COVID-19 pandemic with contact restrictions and travel bans also poses challenges for civil proceedings. In the future, the functionality in pandemic times could be the material factor for the choice between state courts and arbitral courts because flexibility and options for responding to the COVID-19 pandemic are varying. State court proceedings Despite the COVID-19 restrictions, court deadlines must still be met ...
Dear valued clients, colleagues and friends, The Firm successfully defended the prominent e-commerce platform operator, Shopee Mobile Malaysia Sdn Bhd, in a suit filed by A & M Beauty Wellness Sdn Bhd after a full trial on matters pertaining to trademark infringement, unlawful interference of trade and obligation to disclose users’ data. Click here to read more ...
The dispute between ride sharing companies Uber and 99 is increasingly fierce. Now the main stage is Rio de Janeiro. In May 2018, Uber filed a lawsuit against 99 in the city, claiming misleading advertising. Less than two months ago, 99 began an aggressive discount campaign in the city to promote the 99Pop service in Rio, competing directly with Uber ...
