Commercial Litigation Update

Six months from the date of closing. That’s how long acquiring companies have under the newly announced Department of Justice (DOJ) Mergers and Acquisitions (M&A) Safe Harbor Policy to disclose misconduct discovered in the context of a merger or acquisition – whether discovered pre or post-acquisition.  And the acquiring company has one year from the date of closing to remediate, as well as provide restitution to any victims and disgorge  any profits.

Over the last two years, the DOJ has made clear its priority to encourage companies to self-disclose misconduct aiming to ...

Recently, a 1952 Mickey Mantle baseball card, in near-mint condition, sold for a record $12.6 million at auction. Imagine if the new owner brought the card home and showed it to a friend, carefully instructing the friend not to take it out of its protective cover. But while the new owner’s attention is diverted, the friend removes the card from its sleeve, lays it on the table, and proceeds to spill his nearby beer. Luckily, the friend is able to swipe the card off the table before it is completely ruined, but a few small drops of beer permanently stain the once-near-mint condition card.

            Has ...

New episode of our podcast, Speaking of Litigation: 

Preliminary injunctions and temporary restraining orders can prove useful in a counsel’s attempt to preserve evidence, prove irreparable harm, protect trade secrets, stop violations of either building codes or health care laws, and much more.

In this episode of Speaking of Litigation, Epstein Becker Green attorneys Scheherazade Wasty, Jonathan Brollier, and David Jacobs delve into the recipes for success in these legal motions and emphasize the importance of an experienced counsel when seeking or opposing ...

The Corporate Transparency Act (“CTA”), which became law as part of the National Defense Authorization Act in 2021, is aimed at enhancing corporate transparency and combating money laundering and other financial crimes.

Beginning in January, the CTA will require many small businesses to file a beneficial owner report for their companies’ LLC or corporation with the Department of the Treasury’s Financial Crimes Enforcement Network (“FinCEN”). Non-compliance with the reporting requirements can result in civil and criminal penalties. The information collected ...

Cannabis has become big business in this country. In 2022, U.S. medical and recreational cannabis sales reached $30 billion. In fact, last year, Americans spent more money on marijuana than chocolate and craft beer combined. By 2027, sales are projected to reach more than $53 billion.

Like any other enterprise, those in the cannabis industry experience typical business disputes, ranging from vendor under/lack of performance, to issues with governmental regulatory bodies. Sometimes those disputes require cannabis businesses to resort to the courts to resolve those issues ...

Recently, a federal judge in New Jersey confirmed an arbitration award in favor of an insurer resulting from the independent dispute resolution (“IDR”) process created under the No Surprises Act. This is one of the first times an IDR award has been confirmed by the courts and demonstrates that the FAA’s presumption in favor of arbitration awards will apply to IDR determinations even without reasoned awards.

GPS, a medical practice in New Jersey, performed emergency plastic surgery on a patient in 2022. Following the procedure, GPS submitted a bill to Horizon, the patient’s ...

After receiving a litigation hold notice many months ago (which we covered here), you’ve finally stopped panicking about your employer’s lawsuit. That is until you’re told that you’ve been designated as a “corporate representative” to testify at a deposition on behalf of your employer. Your dread sinks in yet again. What does this mean? What do you need to do? Here are the basics on corporate designee depositions, and some simple tips on how to handle a corporate representative deposition designation, including recent guidance from the Eleventh Circuit Court of ...

Shareholders who sue derivatively on behalf of a corporation are often faced with counterclaims against them as individuals. The issue of whether such counterclaims are properly interposed against a shareholder in their individual capacity is not typically a heavily contested issue in New York. However, this may soon change as a result of a recent decision in the case of Jean-Pascal Simon v. Francinvest, S.A., et. al., 2023 N.Y. Slip. Op. 32422[U] (Sup. Ct. N.Y. Co. July 7, 2023), where the court was confronted with arguments about the feasibility of such countersuits and ...

New episode of our podcast, Speaking of Litigation:  Float like a butterfly, sting like a . . . Swifty? From Muhammad Ali’s masterful prowess in the ring to Taylor Swift’s re-recorded classics, the art of counterpunching has long been portrayed in societal—as well as legal—media.

In the courtroom, a counterclaim can be used to disrupt the legal strategy of your opposition or even in anticipation of an incoming legal threat. In this episode of Speaking of Litigation, Epstein Becker Green attorneys Max Cadmus, Victoria Flinn McCurdy, and Anthony ...

On June 1, 2023, the U.S. Supreme Court unanimously settled a long-standing dispute over a subjective versus objective standard for scienter under the False Claims Act (FCA), holding that a defendant’s own subjective belief is relevant to scienter, rather than what an “objectively reasonable” person may have known or believed.

The case in question, U.S. ex rel. Schutte v. SuperValu Inc., consolidated from two lower court decisions, involved allegations that the defendants, two retail pharmacy chains, overcharged the government for prescription drugs in violation of ...