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Expert Analysis

• Recent Cases Clarify FCA Kickback Pleading Standards

  

  Two recently resolved cases involving pharmaceutical manufacturers may make it more difficult for False Claims Act defendants facing kickback scheme allegations to get claims dismissed for lack of evidence, say Li Yu at Bernstein Litowitz, Ellen London at London & Noar, and Gregg Shapiro at Gregg Shapiro Law.

• Opinion

  State FCAs Should Cover Local Fund Misuse, State Tax Fraud

  

  New Jersey and other states with similar False Claims Acts should amend them to cover misappropriated municipal funding, and state and local tax fraud, which would encourage more whistleblowers to come forward and increase their recoveries, says Kenneth Levine at Stone & Magnanini.

• FLSA Ruling Shows Split Over Court Approval Of Settlements

  

  A Kentucky federal court's recent ruling in Bazemore v. Papa John's highlights a growing trend of courts finding they are not required, or even authorized, to approve private settlements releasing Fair Labor Standards Act claims, underscoring a jurisdictional split and open questions that practitioners need to grapple with, say attorneys at Vedder Price.

• Recent Cases Suggest ESG Means 'Ever-Shifting Guidelines'

  

  U.S. courts have recently handed down a number of contradictory decisions on important environmental, social and governance issues, adding to an already complex mix of conflicting political priorities, new laws and changing regulatory guidance — but there are steps that companies can take to minimize risk, say attorneys at Paul Hastings.

• Is AI Distillation By DeepSeek IP Theft?

  

  A brewing controversy over whether Chinese artificial intelligence company DeepSeek's distillation of outputs from OpenAI's ChatGPT violates copyright law raises questions about the legality and ethics of such practices, and will set important precedents for the future of AI development and intellectual property law, say attorneys at Winston & Strawn.

• What To Know About Insurance Coverage For Greenwashing

  

  As the number of public and private lawsuits relating to greenwashing dramatically grows, risk managers of companies making environmental claims should look to several types of insurance for coverage in the event of a suit, say attorneys at Hunton.

• 7 Tips For Associates To Thrive In Hybrid Work Environments

  Excerpt from

  

  As the vast majority of law firms have embraced some type of hybrid work policy, associates should consider a few strategies to get the most out of both their in-person and remote workdays, says James Argionis at Cozen O’Connor.

• Series

  Playing Beach Volleyball Makes Me A Better Lawyer

  

  My commitment to beach volleyball has become integral to my performance as an attorney, with the sport continually reminding me that teamwork, perseverance, professionalism and stress management are essential to both undertakings, says Amy Drushal at Trenam.

• US Soccer Win Shows Value Of Defining 'Relevant Market'

  

  Despite U.S. Soccer's successful defense against North American Soccer League's antitrust allegations, sports leagues should continue to be mindful of risks posed by hierarchical structures since the New York federal judge in that suit found a triable issue of fact on the relevant markets issue, say attorneys at Debevoise.

• How Banks Can Prepare For NYDFS Overdraft Overhaul

  

  The New York State Department of Financial Services' recent proposal to amend overdraft rules for financial institutions underscores states' potential to create consumer protection mechanisms in the absence of meaningful federal action, say attorneys at Steptoe.

• Terraform Case May Be Bellwether For Crypto Enforcement

  

  The prosecution of crypto company Terraform Labs and its CEO, Do Kwon, offers a unique test of the line between lawful and unlawful conduct in digital transactions, and the Trump administration’s posture toward the case will provide clues about its cryptocurrency enforcement agenda in the years to come, say attorneys at Brooks Pierce.

• Opinion

  2 Errors Limit The Potential Influence Of AI Fair Use Case

  

  The recent opinion in Thomson Reuters v. ROSS Intelligence may have little predictive value for artificial intelligence litigation, because the decision failed to engage with an important line of case law on intermediate copying, and misapplied the concepts of commercial substitution and superseding use, says Brandon Butler at Jaszi Butler PLLC.

• What's Next For Russia Sanctions After Task Force Disbanded

  

  Attorney General Pam Bondi’s recent disbanding of Task Force KleptoCapture, which was initially aimed at seizing Russian oligarchs’ funds and assets, is unlikely to mean the end of Russia sanctions enforcement and other economic countermeasures, as the architecture for criminal enforcement remains in place, say attorneys at BakerHostetler.

• How Law Firms Can Counteract The Loneliness Epidemic

  

  The legal industry is facing an urgent epidemic of loneliness, affecting lawyer well-being, productivity, retention and profitability, and law firm leaders should take concrete steps to encourage the development of genuine workplace connections, says Michelle Gomez at Littler and Gwen Mellor Romans at Herald Talent.

• What Remedies Under New Admin's SEC Could Look Like

  

  The U.S. Securities and Exchange Commission is likely to substantially narrow the remedies it pursues over the next few years, driven by the mounting challenges it faces in court, as well as the views of its incoming chair and fellow Republican commissioners on injunctions, penalties and disgorgement, say attorneys at Milbank.