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|In re: Kellogg Brown & Root, Inc., et al.: D.C. Circuit Grants Petition for Mandamus and Protects Attorney-Client Privilege of Internal Investigation in False Claims Act Case|
J. Andrew Jackson, Lindsey Lonergan, Rebekah N. Plowman, Stephen G. Sozio; Jones Day;
July 24, 2014, previously published on July 2014In March 2014, we issued an Alert summarizing a decision issued by the U.S. District Court for the District of Columbia in United States ex rel. Barko v. Halliburton Co., et al. The District Court granted a relator's motion to compel and ordered defendants to produce documents reflecting the...
|Recent Decision in Lance Armstrong False Claims Act Case Raises New Timeliness Arguments|
Peter F. Garvin, Meghan E. Greenfield, J. Andrew Jackson, Grant H. Willis, Alexander M. Yabroff; Jones Day;
July 24, 2014, previously published on July 2014For several years now, litigants have wrestled with three questions: (i) does the Wartime Suspension of Limitations Act ("WLSA") apply to civil False Claims Act ("FCA") actions, (ii) do the 2009 Fraud Enforcement and Recovery Act ("FERA") amendments to the FCA apply to...
|Georgia Supreme Court Applies the Business Judgment Rule to Bank Officers and Directors; Decision Has Implications for Corporate Officers and Directors|
Maia Cogen, Patricia A. Gorham, Gabriel A. Mendel, W. Scott Sorrels, Yvonne M. Williams-Wass; Sutherland Asbill & Brennan LLP;
July 24, 2014, previously published on July 18, 2014In a landmark ruling for officers and directors of Georgia’s financial institutions, the Supreme Court of Georgia held in FDIC v. Loudermilk, S14Q0454 (Ga. July 11, 2014), that officers and directors of banks are protected by the business judgment rule, which affords officers and directors a...
|Conjunction Junction: Michigan Supreme Court Holds "And" Means "And" for Use Tax Exemption|
Nicole D. Boutros, Timothy Gustafson, Timothy A. Gustafson; Sutherland Asbill & Brennan LLP;
July 24, 2014, previously published on July 21, 2014 The Michigan Supreme Court held that a taxpayer claiming a Michigan use tax exemption for sales tax “due and paid” on its purchases of tangible personal property must demonstrate that it actually paid sales tax on such property. The taxpayer provided a marine transportation service to...
|California Supreme Court Limits Application of Commissioned Employee Exemption|
Thomas R. Kaufman, Anna M. Stancu; Sheppard, Mullin, Richter & Hampton LLP;
July 24, 2014, previously published on July 16, 2014On July 14, 2014, the California Supreme Court held in Peabody v. Time Warner Cable, Inc. that employees qualify for the California “commissioned employee” exemption in a pay period only if they receive “earnings [that] exceed one and one-half (1-1/2) times the minimum wage”...
|Delaware Court of Chancery Rejects Indemnification Sleight of Hand|
Thomas Michael, Ariel Yehezkel; Sheppard, Mullin, Richter & Hampton LLP;
July 24, 2014, previously published on July 22, 2014In Branin v. Stein Roe Inv. Counsel, LLC, C.A. 8481-VCN, 2014 WL 2961084 (Del. Ch. June 30, 2014), the Delaware Court of Chancery held that a vested right to indemnification may not be rescinded by a subsequent amendment to the governing corporate document.
|U.S. District Court Outlines Acceptable FLSA Settlements|
Richard J. Medoff; Semmes Bowen Semmes A Professional Corporation;
July 24, 2014, previously published on July 2014In Duprey v. Scotts Co. LLC, a case involving the settlement of an employee’s claims against his employer for violations of the Fair Labor Standards Act (“FLSA”) and two related Maryland statutes, the United States District Court for the District of Maryland held that the...
|Supreme Court Rules on Major Greenhouse Gas Regulation|
John B. King; Breazeale, Sachse & Wilson, L.L.P.;
July 23, 2014, previously published on July 17, 2014The Supreme Court rejected EPA's approach to regulating greenhouse gases (GHGs) for smaller sources. At the same time, though, it gave EPA what it really wanted - the authority to regulate the GHGs emitted by sources already deemed "major."
|Iowa Supreme Court Decision Boosts Renewable Energy Development|
Jason W. Allen, John T. Dunlap; Foley & Lardner LLP;
July 23, 2014, previously published on July 19, 2014A recent Iowa Supreme Court decision may give a boost to small-scale renewable energy development in that state. On July 11, the court issued its opinion in SZ Enterprises, LLC vs. Iowa Utilities Board (link to decision), determining that a third-party power purchase agreement for behind-the-meter...
|Georgia Supreme Court Affirms Business Judgment Rule|
Duane Morris LLP;
July 23, 2014, previously published on July 16, 2014The Georgia Supreme Court has, for the first time, affirmed the existence of the business judgment rule in Georgia common law. More specifically, however, the state Supreme Court held that the business judgment rule does not automatically prevent all claims for ordinary negligence against corporate...