In United States ex rel. Beauchamp v. ACADEMI Training Center, the U.S. Court of Appeals for the Fourth Circuit recently vacated dismissal of a False Claims Act (FCA) qui tam suit on the ground that the trial court improperly applied the Supreme Court’s holding in Rockwell International Corp. v. United States, 549 US 457 (2007). […]
Fourth Circuit Refines Rockwell Public-Disclosure Bar Analysis Read More »
Federal preemption aficionados will find today’s seemingly ho-hum Supreme Court decision in Gobielle v. Liberty Mutual Ins. Co. to be of considerable interest. The Court held that ERISA expressly preempts a Vermont statute requiring disclosure of ERISA-regulated health care plan payment information. According to Justice Thomas’ concurring opinion, ERISA “contains what may be the most
Can Congress Go Too Far in Preempting State Law ? Read More »
The attached article discusses best practices that in-house counsel should follow in conducting an attorney-client privileged internal investigation of possible regulatory violations.
Tips for Conducting Attorney-Client Privileged Internal Investigations Read More »
For almost 70 years, coal tar-derived creosote has been federally registered for use as a wood preservative. During the past 40 years, the risks and benefits of creosote, like those of other major industrial wood preservatives, have been reevaluated by U.S. EPA in three successive and comprehensive review processes—Special Review, Reregistration Review, and currently, Registration
Four Decades of U.S. EPA Review and Continuous Federal Registration of Creosote Read More »
In a 6-3 decision issued on January 20, the Supreme Court affirmed in Campbell-Ewald Co. v. Gomez, No. 14-857, that federal government contractors are immune from litigation and liability if their work complies with federal directions. The Court rejected, however, unqualified immunity based on the federal government’s sovereign immunity (i.e., “derivative sovereign immunity”). Campbell-Ewald is
Supreme Court Affirms Government Contractors’ Qualified Immunity Read More »
So the case that you lost—or won—at the trial court level is going to be appealed. What now? If you have not already done so, you should select and engage an appellate attorney. Whom to choose and how to forge a successful relationship with that attorney often involves considerations that are specifically tailored to appellate
How to Choose and Hire an Appellate Attorney Read More »
Law360 “Expert Analysis” by Lawrence S. Ebner & Lisa N. Himes (published Sept. 24, 2015) The Iraq war is still being fought in U.S. courtrooms. Federal courts of appeals and district courts continue to struggle with the fundamental question of whether, or to what extent, government contractors can be held liable under state tort law for
What the Fourth Circuit Will Address in the Abu Ghraib Case Read More »
Lawrence S. Ebner filed in the U.S. Supreme Court a certiorari-stage amicus curiae brief on behalf of the Coalition For Government Procurement & the Professional Services Council in AT&T, Inc. v. United States ex rel. Heath, No. 15-363, arguing that nationally uniform enforcement of the Federal Rule of Civil Procedure 9(b) fraud-pleading standard in False Claims Act qui tam
Lawrence S. Ebner filed in the U.S. Supreme Court a merits-stage amicus curiae brief on behalf of DRI-The Voice of the Defense Bar and the Professional Services Council-The Voice of the Government Services Industry in Campbell-Ewald v. Gomez, No. 14-857, on the questions of class-action mootness and derivative sovereign immunity for federal government contractors. Read the brief here.
Frequently asked questions about amicus curiae (friend-of-the-court) briefs, including why and when to file them, are answered in the attached article.
