DOJ Targeting Private Equity Firms in False Claims Act Litigation

The False Claims Act (FCA) has long been a powerful tool for the federal government to generate large recoveries from government contractors, including companies in the healthcare industry. In fiscal year 2017 alone, the US Department of Justice (DOJ) recovered more than $3.7 billion in settlements and judgments in civil cases brought under the FCA.

First Circuit: Online Arbitration Agreement Must Be “Reasonably Communicated and Accepted”

Ruling in a class action brought against Uber Technologies, Inc., the U.S. Court of Appeals for the First Circuit recently held that the company’s arbitration clause could not be enforced because it was not “reasonably communicated” to its customers during the online contracting process. The decision is a stark reminder that great attention needs to

NJ Appellate Court Affirms Decision Denying Interest Expense Addback Exception

The New Jersey Superior Court, Appellate Division, has affirmed the Tax Court’s decision in Kraft Foods Global Inc., in which a taxpayer’s deduction for related-party interest expense was disallowed for corporation business tax purposes (decision available here). Background The only issue before the court was whether the Division of Taxation (the “Division”) properly added back

Rail Park Redux

The first phase of Philadelphia’s version of The Highline opened on June 14. Located between Broad and Noble Streets on the one hand, and 11th and Callowhill Streets on the other, The Philadelphia Rail Park has added a slice of green to a formerly industrialized, warehouse district just north of Chinatown. The Park has been

SEC Ratchets Up Enforcement Against Attorneys in Microcap Space

Introduction Earlier this year, SEC Chairman Jay Clayton fired a warning shot across the bow of practicing securities attorneys: “act responsibly and hold [yourselves] to high standards.” Chairman Clayton specifically called out members of the securities bar advising clients on initial coin offerings (ICOs) that were not being registered with the SEC under the federal

ABA Panel Evaluates the Legacy of the Truth in Lending Act on its 50th Anniversary

May 29, 2018 marked 50 years since the passage of the Truth in Lending Act. The law is considered one of the most important federal consumer protection laws, applies to the vast majority of consumer credit transactions, and is the subject of frequent amendment and regulatory interpretation. For the occasion, the American Bar Association convened