News & Publications

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 is in some way unlawful." Applying this holding, the Second Circuit affirmed the dismissal of AKS-based False Claims Act (FCA) claims because the relator failed [...]

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. 26, 2024). Before the coverage period of its claims-made policy began, the insured chemical manufacturer received a letter from an attorney who asserted that his [...]

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 the first to rule, issuing a one-sentence order imposing the stay only nine days after the rules were adopted. The petitioners – led by participants [...]