This is the third blog in a series on the False Claims Act (FCA), 31 USC §§ 3729, et seq., which targets any person that knowingly submits false claims for payment or false statements material to false claims to the
Corporate & Commercial
Navigating the New Era: Insights from “Back to the White House: The Next Trump Administration”
In the latest episode of Sheppard Mullin’s French Insider, a monthly podcast dedicated to guiding French investors and companies through the complexities of investing and operating in the United States, Sheppard Mullin’s Jonathan Meyer offers a deep dive into the…
Texas Court Blocks CTA Nationwide 4 Weeks Before Key Reporting Deadline
A Texas district court has issued a nationwide preliminary injunction four weeks before a key Jan. 1, 2025, reporting deadline for the Corporate Transparency Act (CTA) that, while in effect, enjoins enforcement of the CTA’s beneficial ownership information (BOI) reporting…
Plaintiff Entitled to Judgment Based on Tax Estoppel
On November 26, 2024, the First Department issued a decision in Xiaoyan Lu v. Sagewood SFF III LLC, 2024 NY Slip Op. 05895, holding that a plaintiff was entitled to judgment based on tax estoppel, explaining:
Plaintiffs also established…
Antitrust During Trump 2.0: It’s Complicated
What antitrust enforcement will look like during a second Trump administration is, like antitrust law, complicated. Notions that Republicans are pro-business and therefore will take a laissez-faire approach to antitrust enforcement are outdated and simplistic. During Trump’s first term, antitrust enforcement…
EPA Releases PFAS Strategic Roadmap Third Annual Report
As the Biden-Harris administration draws to a close, EPA has issued its third annual report touting the progress made under the PFAS Strategic Roadmap.
In the report, EPA notes the major legal, technical, and policy developments it has enacted…
No rubber stamps here. Judge Conrad denies a motion to seal.
This lawsuit involves breach of a confidential settlement agreement. In motion briefing, both sides relied on and filed the subject agreement. Both sides also filed (unopposed) motions to seal it.
These two Orders from Judge Conrad (Interim Order,…
Court Finds The CTA "Likely Unconstitutional" – Does The Court's Analysis Doom A Federal Corporate Law?
My email inbox has been flooded with questions about Judge Amos L. Mazzant’s decision to preliminarily enjoin the Corporate Transparency Act and its implementing regulations. Texas Top Cop Shop, Inc. v. Garland, 2024 WL 4953814 (Dec. 03, 2024). Judge Mazzant found…
CFTC Releases Enforcement Results for FY 2024
The Commodity Futures Trading Commission today announced record monetary relief of over $17.1 billion for fiscal year 2024. With the resolution of digital asset cases that resulted in the agency’s largest recovery ever, this record amount included $2.6 billion in…
How Classified Boards Have Evolved Over the Last Thirty Years
Classified boards, which divide directors into staggered classes with only one class standing for reelection annually, have long been considered a powerful defense against hostile corporate takeovers. Despite their widespread use, they remain a topic of intense debate. While studies…