Appellate Law News and Insights

On March 12, the U.S. Court of Appeals for the Second Circuit issued an important decision that sheds light on the test for determining scienter under the federal Anti-Kickback Statute (AKS). The Second Circuit held that to act "willfully" under the AKS, a defendant "must act knowing that its conduct...

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The Supreme Court of Delaware has held that a letter received by an insured from an attorney purporting to represent unidentified plaintiffs and forecasting future litigation did not constitute a "claim for damages" under a claims-made policy. Zurich Am. Ins. Co. v. Syngenta Crop Prot., LLC, 2024 WL 763418 (Del. Feb....

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On Friday, March 15, 2024, the United States Court of Appeals for the Fifth Circuit issued an administrative stay on the application of the SEC's new rules regarding climate-related disclosures for investors, which we covered in previous posts here, here and here. While similar litigation is pending in other jurisdictions, the Fifth Circuit was...

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