Commercial Litigation Update

Although the Supreme Court already has heard a number of significant arguments, this term has not yet seen any major substantive opinions. This is not to say that there isn’t a lot going on at, or on the way to, the Court.

Indeed, with national division being so profound as the 2024 election cycle is underway, it is not unlikely that the Court will opine on important reproductive rights cases generated in the wake of the Dobbs decision, on whether the defeated ex-president can be barred from state ballots under Section 3 of the 14^th Amendment, and, in light of filings made just today, on ...

On October 27, 2023, the Federal Trade Commission (“FTC”) approved an amendment to the Safeguards Rule that requires non-banking financial institutions (e.g., mortgage companies, mortgage brokers, and creditors) to notify the FTC when certain data breaches and other security events occur.  The Safeguards Rule, promulgated by the FTC in 2002, has long required non-banking financial institutions to create, implement, and maintain a comprehensive security program to keep the information and data of its customers safe.  Now, if one of these institutions suffers a security ...

New episode of our podcast, Speaking of Litigation:  FBI! Open up! Is your organization prepared to handle a government investigation?

Guilty or not, having a preparedness plan in place for when a government agency comes knocking is just as important as conducting a company fire drill.

In this episode of Speaking of Litigation, Epstein Becker Green litigators Alkida Kacani, George Breen, and Eric Moran discuss a few of the most common (and invasive) legal maneuvers government investigators may take when approaching a company or its employees.

When dealing with civil ...

On December 1, 2023, Federal Rule of Evidence (“FRE”) 702 will be amended, following the Supreme Court’s adoption of the amendment earlier this year. FRE 702 governs the admission of expert testimony in the federal courts, and has been the subject of much case law interpreting it already. Understanding the changes to FRE 702, and the impetus behind those changes, will be critical for litigants in federal court to ensure that the expert testimony they present in support of their claims or defenses remains admissible.

As adopted by the Supreme Court and submitted to Congress, the ...

In an indictment announced on October 26, 2023 in Miami, the U.S. Department of Justice, Criminal Division’s Fraud Section, working with the FBI and HHS-OIG, brought what may be only the second federal criminal charges directly related to the Medicare Advantage (Medicare Part C) risk adjustment payment methodology.  DOJ enforcement in the Medicare Advantage risk adjustment space overwhelmingly has proceeded civilly under the False Claims Act. Although the allegations suggest conduct far more troubling than prior civil cases under risk adjustment, these criminal charges ...

For months, if not years, you received distribution checks from the business in which you own an interest. The funds came without question and like clockwork. You relied on them. Then suddenly, they stopped coming. Is this the result of a downward business cycle or something more sinister? Before jumping to conclusions, you should seek answers. Here’s how.

Often privately held businesses are organized as limited liability companies (“LLCs”). LLCs are hybrids of corporations and partnerships. They typically insulate members from personal liability to outside parties, a ...

On October 3, 2023, the United States Supreme Court heard oral argument in Community Financial Services Association of America Ltd., et al. v. Consumer Financial Protection Bureau, et al., in which the Court was asked to determine the constitutionality of the Consumer Financial Protection Bureau’s (“CFPB”) independent funding structure.

In Community Financial Services Association of America Ltd., et al. v. Consumer Financial Protection Bureau, et al., the U. S. Court of Appeals for the Fifth Circuit held in a unanimous decision that the CFPB’s “unique” funding ...

Six months from the date of closing. That’s how long acquiring companies have under the newly announced Department of Justice (DOJ) Mergers and Acquisitions (M&A) Safe Harbor Policy to disclose misconduct discovered in the context of a merger or acquisition – whether discovered pre or post-acquisition.  And the acquiring company has one year from the date of closing to remediate, as well as provide restitution to any victims and disgorge  any profits.

Over the last two years, the DOJ has made clear its priority to encourage companies to self-disclose misconduct aiming to ...

Recently, a 1952 Mickey Mantle baseball card, in near-mint condition, sold for a record $12.6 million at auction. Imagine if the new owner brought the card home and showed it to a friend, carefully instructing the friend not to take it out of its protective cover. But while the new owner’s attention is diverted, the friend removes the card from its sleeve, lays it on the table, and proceeds to spill his nearby beer. Luckily, the friend is able to swipe the card off the table before it is completely ruined, but a few small drops of beer permanently stain the once-near-mint condition card.

            Has ...

New episode of our podcast, Speaking of Litigation: 

Preliminary injunctions and temporary restraining orders can prove useful in a counsel’s attempt to preserve evidence, prove irreparable harm, protect trade secrets, stop violations of either building codes or health care laws, and much more.

In this episode of Speaking of Litigation, Epstein Becker Green attorneys Scheherazade Wasty, Jonathan Brollier, and David Jacobs delve into the recipes for success in these legal motions and emphasize the importance of an experienced counsel when seeking or opposing ...