News & Publications

Former Employee Accused of Theft In 2018, DeWolff, Boberg & Associates, Inc. (DB&A) hired Justin Pethick as a regional vice president of sales. In 2020, he accepted a position at competitor, The Randall Powers Company (The Powers Co.). Following his departure, some potential DB&A clients chose The Powers Co., leading DB&A to allege that Pethick stole trade secrets to attract these clients. The United States District Court for the Northern District of Texas excluded DB&A's [...]

As briefing nears completion in the Zafirov appeal, another federal judge recently added his voice to the chorus of those saying the FCA is unconstitutional. In a recent concurring opinion in U.S. ex rel. Montcrief v. Peripheral Vascular Associates, P.A. (No. 24-50176), Judge Stuart Kyle Duncan of the U.S. Court of Appeals for the Fifth Circuit agreed with the view that qui tam suits run afoul of Article II. Though recognizing that Fifth Circuit precedent currently forecloses that position, Judge [...]

The Ninth Circuit's recent decision in Jones v. Starz Entertainment, LLC marks a significant development in the continued rapid evolution of mass arbitration. What began as a mass arbitration involving over one hundred thousand identical demands against Starz—which could have incurred over $12 million in arbitration fees if administered individually—may now provide critical guidance into the future of mass arbitrations across the country. By enforcing the parties' agreement to consolidate the claims, the Ninth Circuit has paved [...]