On November 28, 2022, the Securities and Exchange Commission (the SEC) published final clawback rules (the Final Rules) in response to the long-standing requirement under Section 954 of the Dodd-Frank Wall Street Reform and Consumer Protection Act to increase transparency and disclosure in financial Continue Reading
Preemption and Claims of Failure to Report Adverse Events to FDA Under PA Medical Device Case Law
Unlike a standard failure-to-warn claim, a failure-to-report claim can avoid federal preemption if the jurisdiction has a state-law duty to do so. Amy Vanni and Michael Toczyski discuss whether such a duty exists in PA in The Legal Intelligencer. Continue Reading
When Is an REA Also a ‘Claim?’
When issues arise during performance of a federal government contract, causing a contractor to experience delays and/or to incur additional, unanticipated costs, contractors have a choice of remedies. They can request the contract duration or price be adjusted by submitting either a request for Continue Reading
Les Misérables — Contractors and Agencies Struggle to Navigate Build America, Buy America Requirements One Year Later
Last year, the Build America, Buy America Act left contractors scrambling to understand how its requirements would be imposed on a wide variety of infrastructure projects. Cara Wulf provides clarity to contractors on agencies’ evolving guidance. Continue Reading
A Game Changer for Mortgage Foreclosure Cases In NY
A recent New York Court of Appeals decision is a game changer for the mortgage servicing and mortgage finance industries, write Adam Swanson and Jessie Bonaros, as lenders may find some loans considered time-barred are now recoverable. Continue Reading
Eighth Circuit Imposes New “But-For” Causation Standard for False Claims Act Cases Premised on Anti-Kickback Violations, Causes Circuit Court Split
Christopher Adams co-authored “Eighth Circuit Imposes New “But-For” Causation Standard for False Claims Act Cases Premised on Anti-Kickback Violations, Causes Circuit Court Split” in the winter issue of Garden State FOCUS. Continue Reading
Bankers Beware: The Judicial Divide Over Customary Investment Banking Fees
NY’s courts are divided over the enforceability of investment banking fee provisions that incorporate general commercial practice or market standards. Curtis Leitner, Peter Gennuso, and MarcAnthony Bonanno offer insight in the New York Law Journal. Continue Reading
Boomerang: The False Claims Act Returns Post-COVID
Alexander Major, Matthew Wright, and Franklin Turner co-authored the article “Boomerang: The False Claims Act Returns Post-COVID” for Briefing Papers. The article highlights recent False Claims Act (FCA) enforcement efforts, federal legislative initiatives to amend the FCA, circuit court splits on Continue Reading
Companies Must Consider Union vs. Nonunion Employee Treatment
In this article for Law360, Hugh Murray discusses the National Labor Relations Act and how it affects the way companies treat their union and nonunion employee. He uses Starbucks’ move to improve benefits for only nonunion employees as an example, noting that the general counsel of the National Continue Reading
A New Ballgame: Negotiating Financial Covenants in an Uncertain Environment
In a co-authored article for ABF Journal, McCarter partner Inez Markovich, whose practice concentrates on commercial finance, bankruptcy and creditors’ rights, discusses the new reality for lending in 2022. Given the increasingly stressed economic climate, borrowers and lenders will need to adjust Continue Reading