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HTMLTexas Federal Court Declines to Apply State Law Privilege in False Claims Act Case
Joshua L. (Josh) Fuchs, Jane W. Walker, Molly M. Wilkens; Jones Day;
Legal Alert/Article
July 11, 2016, previously published on June 2016
The Eastern District of Texas reminded practitioners that it is an uphill battle to use a state law privilege as a shield in qui tam False Claims Act cases. The court held that West Virginia's statutory bank examiner privilege did not apply to documents related to West Virginia's investigation of...

 

HTMLSupreme Court Rules that Chevron Deference Is Not Owed to Unexplained Agency Positions
Matthew R. (Matt) Cushing, Michael J. Gray, Matthew W. (Matt) Lampe, E. Michael (Mike) Rossman, Ryan J. Watson; Jones Day;
Legal Alert/Article
July 11, 2016, previously published on June 2016
On June 20, 2016, the United States Supreme Court decided Encino Motorcars v. Navarro, which held that an agency is not entitled to Chevron deference when it fails to give adequate reasons to support its regulation. The case involved the Department of Labor's unexplained decision to reverse a...

 

HTMLA Guide to PHMSA's Proposed Rule Expanding Natural Gas Pipeline Safety Requirements
Kenneth B. (Ken) Driver, Nicholas M. (Nick) Faas, Jennifer M. (Jen) Hayes, David A. Kutik, Charles C. (Charlie) Read; Jones Day;
Legal Alert/Article
July 11, 2016, previously published on June 2016
The U.S. Department of Transportation's Pipeline and Hazardous Materials Safety Administration's ("PHMSA") recent notice of proposed rulemaking would significantly expand the safety requirements that apply to the nation's natural gas pipelines.[1] Comments on the NPRM are due July 7,...

 

HTMLSupreme Court Limits Extraterritorial Application of RICO
Anthony J. Dick, Gregory G. Katsas, Hashim M. Mooppan, Jacob M. Roth; Jones Day;
Legal Alert/Article
July 10, 2016, previously published on June 2016
On June 20, 2016, the United States Supreme Court issued a major decision restricting the extraterritorial application of the Racketeer Influenced and Corrupt Organizations Act ("RICO"). The Court held that RICO's criminal provisions apply extraterritorially to a limited extent but that...

 

HTMLAuthorities Increasing Scrutiny of Employee Noncompete Agreements
Kathryn M. (Kathy) Fenton, Margaret A. (Peggy) Ward; Jones Day;
Legal Alert/Article
July 10, 2016, previously published on June 2016
U.S. authorities are increasingly scrutinizing noncompete provisions made part of employment agreements, with close focus on provisions restricting junior-level and low-wage employees. Common in technology firms, which frequently deal with proprietary information, noncompetes are becoming more...

 

HTMLProjects Disputes in Australia: Recent Cases
Simon Bellas, John B. Cooper, Steven W. Fleming, Stephen McComish; Jones Day;
Legal Alert/Article
July 7, 2016, previously published on June 2016
In the Queensland Supreme Court, Sierra Property ("Sierra") successfully overturned an adjudication award obtained by its builder, National Construction Management ("NCM"), on the basis that the adjudicator failed to provide adequate reasons in accordance with s26(3) of the...

 

HTMLSupreme Court Affirms Existing Rules for Inter Partes Review Proceedings
Gregory A. (Greg) Castanias, Anthony M. Insogna, David M. (Dave) Maiorana, John A. Marlott, Sasha Mayergoyz; Jones Day;
Legal Alert/Article
July 7, 2016, previously published on June 2016
On June 20, 2016, the United States Supreme Court issued its opinion in Cuozzo Speed Technologies, LLC v. Lee, marking a rare instance in which the Court affirmed the Federal Circuit on all issues presented. The Supreme Court addressed two key questions: (i) whether decisions by the Patent Trial...

 

HTMLCorporations in the Cross-Hairs: A View from the Product-Liability Trenches
David B. Alden, Mark A. Belasic, Stephanie E. Parker; Jones Day;
Legal Alert/Article
July 7, 2016, previously published on June 2016
The United States finds itself in another political Olympiad-and a remarkable, unpredictable one at that. More than in past campaigns, the major parties’ leading candidates have targeted American corporations, regularly railing against the supposedly outsized and pernicious power and...

 

HTMLAgencies Establish Baseline Cybersecurity Safeguards for Information Systems Containing Federal Contract Information
Chad O. Dorr, Christopher M. Tipler, D. Grayson Yeargin; Jones Day;
Legal Alert/Article
June 26, 2016, previously published on June 2016
Continuing its race to protect sensitive data, the United States federal government recently added cybersecurity requirements that establish basic safeguards governing information systems that government contractors must implement for new procurements. Effective June 15, 2016, the government is...

 

HTMLSupreme Court Decides Validity of Implied False Certification Theory in Universal Health Services v. Escobar
J. Andrew (Andy) Jackson, Laura F. Laemmle-Weidenfeld, Brian J. Murray, Kenton James Skarin, Stephen G. (Steve) Sozio; Jones Day;
Legal Alert/Article
June 26, 2016, previously published on June 2016
On June 16, 2016, the U.S. Supreme Court decided Universal Health Services v. United States ex rel. Escobar, a widely anticipated decision with implications for health care provider and government contractor liability under the False Claims Act ("FCA"). The case addressed whether the...

 


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