Litigation and Alternative Dispute Resolution

The False Claims Act (“FCA”) is one of the most powerful anti-fraud weapons available to the U.S. Department of Justice (“DOJ”). It permits treble damages and makes penalties available for each false claim the defendant submitted to a federal payor. The DOJ effectively deployed the FCA against mortgage lenders in the aftermath of the sub-prime lending crisis to obtain, in some cases, billion-dollar settlements.

Read more: The Shift From DOJ Enforcement to Administrative Review for HUD False Claims Act Violations

Yesterday, in a closely-followed case, the Supreme Court decided not to hear an appeal brought by the Domino’s pizza chain, which sought to overturn the Ninth Circuit Court of Appeal’s decision that entities selling online must make their websites and apps accessible to people with disabilities. The decision is considered a major win for disability rights advocates, who have been arguing that the Americans with Disabilities Act (“ADA”) applies to websites, digital platforms, and other non-physical spaces.

Read more: U.S. Supreme Court Clears the way for Visually-Impaired to Sue Over Allegedly Inaccessible...

There are many clients’ inquiries we receive regarding the recognition of foreign judicial decisions in Spain.

The recognition and homologation of foreign sentences in Spain, follows different channels depending on whether the court issuing the resolution is community or not.

In the first case, if the operative act comes from a European Union member state (except Denmark), the recognition and enforcement of the sentence will be automatic.

Read more: Recognition of Foreign Judicial Decisions in Spain: Exequatur

Authors: Greg Whyte, Lidia Vicca, Valerie Blacker

In 2016, Piper Alderman achieved a precedent setting decision for Litigation Capital Management which enabled it to provide security for costs by way of a deed of indemnity from a UK insurer: DIF III Global Investments Fund & Anor v BBLP LLC & Ors [2016] VSC 401 (DIF).

The decision paved the way for an innovative form of security and has been cited numerous times since. It is apparent from two recent examples[1] that a refresher on the governing principles could be useful.

Read more: Security for Costs - UK Deed of Indemnity

Law360 (October 8, 2019, 8:20 PM EDT) -- Copano Energy LLC told the Texas Supreme Court in oral arguments on Tuesday that email exchanges between its representatives and an attorney for a landowner discussing the price the company would pay for an easement are not enough to sustain the breach-of-contract suit it is now facing.

Read more: Texas Justices Told Emails Can't Support Breach Claims