The US Supreme Court's refusal to tackle whether False Claims Act liability requires a claim to be objectively false leaves a significant circuit split and may drive an uptick in FCA settlements as defendants consider the costs of extended litigation. For FCA defendants in circuits that have Continue Reading
Tiffany Case Could Shake up Summary Judgment and Enforcement
McCarter partner Jim Donoian speaks with Managing IP regarding Tiffany’s eight-year trademark litigation with Costco. James Donoian, partner at McCarter & English in New York, says the court was very careful not to issue any views on whether there was a likelihood of confusion and was instead Continue Reading
As Lawsuits Hit, Restaurant Chains’ Defenses Go beyond the Courtroom
McCarter partner Matt Wright comments in Restaurant Business about company brands defending their reputation in the marketplace. Continue Reading
With a $10 Billion Cloud-Computing Deal Snarled in Court, the Pentagon May Move Forward without It
The Pentagon is preparing for the possibility that it will have to move on without the long-fought JEDI cloud-computing contract, as an impending court decision threatens to leave the embattled procurement even more bogged down in litigation than it already is. “The government is making a Continue Reading
Getting Started with CMMC: How to Prepare and What to Expect from the Assessment
Growing concerns around supply chain threats have led to the DoD’s increased regulatory focus on strengthening and securing the federal supply chain with the Cybersecurity Maturity Model Certification (CMMC) framework. Current and prospective contractors should be preparing now for compliance with Continue Reading
The Cannabis Resource Issue
McCarter partner Guillermo Artiles is quoted throughout the ROI-NJ Cannabis Resource Issue. As the New Jersey adult-use cannabis market in New Jersey takes shape, Artiles discusses what to watch for in the next 12 months, what the barriers to entry could be, the unique capabilities McCarter Continue Reading
Getting Started with CMMC: Understanding Goals, Requirements, and Challenges
The SolarWinds event has caused intense scrutiny of the exposure of commercial enterprises as well as government agencies to supply chain cyber threats. Well before SolarWinds was publicized, the federal government had increased its regulatory focus on strengthening and securing the federal supply Continue Reading
From Viral Joke to Impeachment Backer: How Chris Christie Survived Trump’s Presidency
McCarter partner Bill Palatucci, a close friend of former New Jersey governor Chris Christie, speaks with The Record about Christie’s unique position relative to many other supporters and officials in the Trump administration and how Christie has maintained his reputation throughout the former Continue Reading
Three Takeaways from the Ninth Circuit’s Meal and Rest Break Ruling
The Ninth Circuit's blessing of a US Department of Transportation finding that California's meal and rest break rules are preempted and cannot be applied to interstate commercial truckers reinforced Chevron deference and bolstered business' efforts to clamp down on class action Continue Reading
Raucous 2021 Awaits FCA Litigants after Low-Key Year
False Claims Act recoveries were modest overall in 2020, but the relatively calm year seeded the clouds for a stormy 2021 by generating tremendous government spending on pandemic relief, a record number of new cases and a potentially game-changing decision in a closely watched area of Medicare fraud Continue Reading