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Searching Content indexed under Constitutional & Administrative Law by McDermott Will & Emery ordered by Published Date Descending.
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1
The Art Of Using Preemption To Defend Wage-And-Hour Cases
Preemption technically means situations where federal law displaces state law: a function of the supremacy clause of the US Constitution.
United States
15 Jul 2019
2
Wisconsin Enacts Discriminatory Exit Charge For Businesses Moving Out Of State
On June 24, 2019, Wisconsin Governor Tony Evers (D), signed into law AB 10, entitled "2019 Wisconsin Act 7."
United States
10 Jul 2019
3
Unanimous Supreme Court Ruling Expands Statute Of Limitations For Filing Qui Tam Cases
On May 13, the US Supreme Court (the Court) unanimously ruled in Cochise Consultancy, Inc., v. U.S. ex rel. Hunt that the "government knowledge" statute of limitations under the federal False Claims
United States
2 Jul 2019
4
DOJ Preserves Its Options In Cooperation Credit Guidance
Last month, the Civil Division of the DOJ announced the release of formal guidance to DOJ civil attorneys on how to award "cooperation credit" to defendants who cooperate with the Department during a FCA investigation.
United States
27 Jun 2019
5
An Uneven Playing Field: Judicial Deference To State Tax Administrator Interpretations
Many states commonly give judicial deference to state tax agencies' interpretation of tax law. Under this practice, in administrative and judicial review of tax determinations, the state department of revenue routinely argues that
United States
29 May 2019
6
Eleventh Circuit Rules Qui Tam Relator Barred From Forfeiture Case
The Eleventh Circuit held that criminal forfeiture law bars qui tam plaintiffs from intervening in related forfeiture proceedings.
United States
31 Oct 2018
7
Southern District Of Ohio Concludes That Regional Federal Reserve Banks Are Not "The Government" Under The FCA
On August 20, 2018, U.S. District Judge Algenon L. Marbley of the United States District Court for the Southern District of Ohio granted summary judgment in favor of The Brink's Company...
United States
18 Oct 2018
8
McDermott's Legislative Insights
The upcoming midterm election cycle is widely considered to be potentially pivotal with profound long-term implications
United States
18 Oct 2018
9
What's New In US Constitutional Law Developments
During the International Wine Association's 2018 Conference, Marc Sorini presented on the latest law developments ...
United States
11 Oct 2018
10
Yo Ho No: Lack Of Express Language Scuttles Claim Of Sovereign Immunity Waiver
Allen, a videographer, along with Nautilus, his video production company, obtained the rights to create footage and photograph Blackbeard's pirate ship off the coast of North Carolina through a permit issued by North Carolina to the salvors of the ship.
United States
7 Sep 2018
11
Recent District Court Decisions Highlight Conflicting Stances On Dismissal Of Frivolous FCA Claims
On June 29, 2018, federal district courts in California and Kentucky issued conflicting decisions over the deference owed to prosecutors in seeking to dismiss frivolous False Claims Act (FCA) ...
United States
24 Aug 2018
12
South Dakota Petitions US Supreme Court For Opportunity To Overturn Quill
On October 2, 2017, the State of South Dakota (State) filed its petition for a writ of certiorari with the United States Supreme Court (Court).
United States
10 Oct 2017
13
South Dakota Supreme Court Rules In Favor Of Remote Retailers; Next Step US Supreme Court?
The South Dakota litigation remains at the front of the pack of a host of state court cases challenging similar state economic nexus laws across the United States.
United States
19 Sep 2017
14
Brexit - Legal Implications
In our latest Special Report, we have briefly outlined some of the main legal implications of Brexit according to different models, including the EEA model.
UK
18 Aug 2017
15
Illinois Unclaimed Property Law Substantially Revised As Part Of Revenue Package Supporting Illinois Budget
Yesterday the Illinois House of Representatives voted to override Governor Bruce Rauner's veto of Senate Bill (SB) 9, the revenue bill supporting the State's Fiscal Year (FY) 2017-2018 Budget.
United States
18 Jul 2017
16
Department Of Treasury Publishes Request For Information Regarding Regulatory Reform
In keeping with President Trump's Executive Order (#13771) on regulatory reform, the Department of the Treasury recently published a Request for Information regarding its regulations.
United States
17 Jul 2017
17
Brexit: No Turning Back
During the negotiation period, EU laws will still apply to the UK.
European Union
6 Apr 2017
18
President Trump Issues Executive Order Aimed At Reducing Regulation And Controlling Regulatory Costs
On January 30, 2017, President Trump issued Executive Order No. 13771, entitled "Reducing Regulation and Controlling Regulatory Costs."
United States
27 Feb 2017
19
Statute Of Limitations In Administrative Investigations By Chinese Government Agencies Following Foreign Investigations
The current trend in Chinese administrative investigations and enforcement against MNCs is for Chinese government agencies to launch investigations in response to settlements with government agencies...
China
14 Dec 2016
20
The BA's Growing Influence On Capitol Hill
How is it that the Brewers Association has gained significant traction among policymakers in the nation's capital?
United States
3 Oct 2016
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