Insights on Complex Litigation

LOS ANGELES – Jeffrey R. Makin, partner in Arent Fox LLP’s Complex Litigation practice in Los Angeles, has been honored by the Daily Journal as one of the “Top 40 Under 40” lawyers in California.

Complex Litigation and International Partner Hunter Carter was recently quoted by Latin Lawyer from a lively dialogue on whether Miami rates as a world-class seat for arbitration at this year’s Latin Lawyer GAR Annual Arbitration Summit.

The US Court of Appeals for the Second Circuit just issued a 32-page decision affirming the district court’s conflict of laws ruling, in favor of an Arent Fox LLP client, that New York law, rather than New Jersey law, applied to an insurable interest dispute between AEI Life LLC and Lincoln Benefit

In a decisive victory for class action defendants, the U.S. Supreme Court held that a pending class action tolls the statute of limitations only for putative class members’ individual claims, and not for any “follow-on” class actions they file on their own.

Last week, Above the Law highlighted a case handled by Arent Fox and Complex Litigation Partner James Hulme and Associates Taniel Anderson and Jake Christensen that involved client Sabinsa Corporation and the issue of attorneys’ fees motions in patent cases.

Arent Fox Partners D. Jacques Smith and Randall A. Brater and Associate Michael F. Dearington penned an article in the May issue of Pratt’s Government Contracting Law Report on three recent changes to the Department of Justice’s enforcement policies.

A development out of the Ninth Circuit makes relators more likely to qualify as an original source under the False Claims Act and thus survive the public disclosure bar.

The latest False Claims Act settlements indicate that the Anti-Kickback Statute continues to be an enforcement priority and a key tool for identifying and prosecuting healthcare fraud.

Arent Fox partners D. Jacques Smith and Randall Brater and associate Michael Dearington penned an article published in the April issue of Pratt’s Government Contracting Law Report on the recent reversal of a substantial False Claims Act verdict.

For the past several years, plaintiffs’ lawyers have been targeting businesses’ ecommerce websites with claims that they deny individuals with disabilities equal access to goods and services, in violation of Title III of the Americans with Disabilities Act (ADA).

Schiff Hardin is pleased to announce that Partner Paula Morency has been recognized as a two-year BTI Client Service All-Star MVP for providing superior, consistent client service.

Last October, we alerted you that watchdog groups were filing notices of violation (NOVs) against cannabis dispensaries for alleged violations under Proposition 65.

A Michigan federal judge on Thursday dismissed an antitrust complaint challenging multiple listing service (MLS) rules that limit access to realtor association members (an MLS aggregates and manages real estate listing data and facilitates cooperation among real estate agents and brokers).

Companies can harm their defenses to a future lawsuit by inadvertently destroying relevant evidence.

The United States Supreme Court ruled unanimously on March 20, 2018 in Cyan, Inc. v. Beaver County Employees Retirement Fund that the Securities Litigation Uniform Standards Act of 1998 (SLUSA) does not deprive state courts of their concurrent jurisdiction over class action lawsuits.

Earlier this week, the United States Securities and Exchange Commission sent shockwaves through the financial-industry legal-and-compliance communities, announcing its largest-ever Dodd-Frank whistleblower awards, totaling $83 million.

Attorney General Jeff Sessions announced the launch of the Prescription Interdiction & Litigation Task Force, which will use criminal and civil law enforcement tools to combat the nation’s opioid epidemic, specifically targeting drug manufacturers and distributors.

Complex Litigation Partner Dana Finberg recently spoke with Business Insurance on the subject of a US House of Representatives bill that aims to combat businesses’ vulnerabilities to “drive-by” Americans with Disabilities Act lawsuits.

On February 8, 2018, Complex Litigation Practice Group Leader Jacques Smith was quoted in an article by Compliance Week titled, “New DOJ Policies Favor Corporate Defendants.”

As non-compete agreements have become more widely used, they have also come under more scrutiny. Legislative efforts and judicial action in Illinois reflect a growing trend at the state-level to impose limitations on non-competition agreements.

A recent antitrust lawsuit filed against Zillow claims that the online real estate marketing giant has illegally conspired with certain brokers by agreeing to conceal the display of Zillow’s home valuation estimates, known as “Zestimates,” for the brokers’ listings on Zillow.com.

Three Department of Justice memoranda recently emerged that shed light on DOJ enforcement policies.

Schiff Hardin is pleased to announce that 18 of the firm’s attorneys have been named to the 2018 Emerging Lawyers Network.

A federal district court in Florida earlier this month reversed a jury verdict and vacated a $350 million False Claims Act award, joining the growing number of courts to strictly apply the materiality standard set by the US Supreme Court.

The Department of Justice recently published its annual False Claims Act (FCA) recoveries statistics for Fiscal Year 2017, reporting $3.7 billion in FCA settlements and judgments in FY 2017.