SCOTUS Adopts “No Fair Ground of Doubt” Standard for Violations of Bankruptcy Discharge Order

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In a unanimous decision, the U.S. Supreme Court ruled recently in Taggart v. Lorenzen that a creditor in a bankruptcy case may be held in civil contempt, and subject to sanction, where there is “no fair ground of doubt” about whether the discharge order barred the creditor’s conduct. Creditors engaging with consumers post-discharge often face litigation for

Temple Students Publish Studies of Business Law in China

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The 10-Q has recently published several articles about doing business in China. Temple Law Professor Tarrant Mahony discussed the passage of a new foreign investment law in China. Temple Law Professor Mo Zhang discussed his forthcoming paper in the San Diego International Law Journal regarding the enforcement of foreign arbitral awards in China. Temple Law

Supreme Court: Classwide Arbitration Requires Explicit Consent

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On April 24, 2019, the United States Supreme Court issued its decision in Lamps Plus, Inc., et. al. v. Varela, No 17-988. In a 5-4 opinion, the Court held that an ambiguous agreement cannot provide the requisite contractual basis to support a finding that the parties agreed to submit a dispute to class arbitration.

Blowing the Whistle: A Primer on the False Claims Act

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This article is the first in a series of four primers on the key legal regimes incentivizing and protecting whistleblowers who report fraud: the False Claims Act (FCA) and the Securities Exchange Commission (SEC), Commodity Futures Trading Commission (CFTC), and Internal Revenue Service (IRS) whistleblower programs.