News and Insights

2.10.22

DOJ False Claims Act Recoveries Hit $5.6 Billion for Fiscal Year 2021; Healthcare Industry Remains Biggest Target

The U.S. Department of Justice (DOJ) announced recoveries of more than $5.6 billion in False Claims Act settlements and judgments in fiscal year 2021. This amount is a staggering increase from the…

5.28.24

Last Month at the Supreme Court | May 2024

This May 2024 edition of Last Month at the Supreme Court examines the Court’s recent unanimous decision allowing Texas property owners to pursue just compensation claims through a state law cause of…

4.25.24

Last Month at the Supreme Court | April 2024

The April 2024 edition examines the Court’s decisions on First Amendment speech, administrative appeal deadlines, abortion medicine restrictions, and the Armed Career Criminal Act.

3.21.24

Last Month at the Supreme Court | March 2024

The March 2024 edition of Last Month at the Supreme Court covers the Court’s recent unanimous decisions involving the Trump Colorado Ballot dispute, Sarbanes-Oxley whistleblower protections, choice-of…

2.12.24

Last Month at the Supreme Court | February 2024

Dykema’s appellate group is delighted to present the February 2024 edition of “Last Month at the Supreme Court.” Each publication will feature synopses of the Court’s high-profile and client-oriented…

1.16.24

Last Month at the Supreme Court | January 2024

Dykema’s appellate group is delighted to present the January edition of its monthly publication, “Last Month at the Supreme Court.” Each publication will feature synopses of the Court’s high-profile…

12.15.23

Last Month at the Supreme Court | December 2023

Dykema’s appellate group is delighted to present the December edition of its monthly publication, “Last Month at the Supreme Court.” Each publication will feature synopses of the Court’s high-profile…

11.13.23

Last Month at the Supreme Court | November 2023

Dykema’s appellate group is delighted to present the inaugural edition of its monthly publication, “Last Month at the Supreme Court.” Each publication will feature synopses of the Court’s high-profile…

6.28.24

Decision Alert: Supreme Court Overrules Chevron, Holds that Courts Need Not Defer to Agency Interpretations of Ambiguous Statutes

On June 28, 2024, the Supreme Court delivered a landmark ruling in Loper Bright Enterprises, Inc. v. Raimondo, Sec. of Commerce, et al., overruling Chevron. This decision will have far-reaching…

6.26.24

Michigan AG Opinion Tightens Rules on Financial Disclosures for Elected Officials and Candidates

A formal legal opinion released on Wednesday, June 5, by Michigan Attorney General Dana Nessel upholds financial disclosure rules for elected officials and candidates. Under the Candidate for Office…

6.26.24

One Minute Matters [Video]: Could You Be Breaking the SEC's New Insider Trading Regulations? (with Will Liebmann)

In a landmark win, the SEC found a former executive liable for insider trading after he allegedly used his knowledge of his company's upcoming acquisition to trade in shares of a competitor. It's a…

6.21.24

Decision Alert: Supreme Court Strikes Down ATF’s Classification of “Bump Stocks” as Machineguns

On June 14, 2024, the Supreme Court held in Garland v. Cargill that the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) exceeded its authority by classifying bump stocks as machineguns and,…

6.21.24

Decision Alert: Supreme Court Unanimously Holds Abortion Medication Objectors Lack Standing

On June 13, 2024, the Supreme Court unanimously held in U.S. Food and Drug Administration v. Alliance for Hippocratic Medicine and Danco Laboratories v. Alliance for Hippocratic Medicine that…

6.21.24

Decision Alert: Supreme Court Unanimously Upholds Patent and Trademark Office’s Refusal to Register “TRUMP TOO SMALL” Trademark

On June 13, 2024, in Vidal v. Elster, the Supreme Court unanimously held that the Lanham Act’s restriction of trademarks based on a living person’s name does not violate the First Amendment. The case…

6.21.24

Supreme Court Decision Alerts: Key Rulings and Practical Takeaways From the Court's Mid-June Decisions

Last week, the Supreme Court continued to issue significant rulings. These include unanimously holding that abortion medication objectors lack standing to challenge FDA decisions related to the use of…

6.19.24

One Minute Matters [Video]: Could Your Damage Award Trigger an Unexpected Tax Bill? Here’s How to Avoid It (with Nardeen Dalli)

Imagine your company wins a significant lawsuit, only to face a hefty tax bill from the IRS. How can you safeguard your business from these unexpected tax burdens? Nardeen Dalli breaks down the…

6.18.24

One Minute Matters [Video]: Could a Hidden Liability Derail Your Next Acquisition? Here's How to Negotiate Stronger Indemnification Clauses (with Nick Monaghan)

You've just finalized an acquisition, only to later discover a costly legal dispute the seller didn't disclose. Situations like these underscore the critical importance of strong indemnification…

6.11.24

Decision Alert: Supreme Court Unanimously Holds Courts Will Decide Which Contract Governs When There Are Conflicting Forum Selection and Arbitration Clauses

The Supreme Court unanimously held in Coinbase Inc. v. Suski that when parties enter into two contracts—one requiring an arbitrator to decide the arbitrability of the dispute and the other giving a…

6.11.24

Decision Alert: Supreme Court Unanimously Holds Public Officials Cannot Use Their Positions To Punish or Suppress Those Advocating for Positions They Disagree With

The Supreme Court unanimously held in National Rifle Association of America. v. Vullo, that the NRA’s allegations that state officials coerced private companies to blacklist the group because of its…

6.11.24

Decision Alert: Supreme Court Upholds Constitutionality of CFPB’s Funding Structure

In Consumer Fin. Protection Bureau v. Cmty. Fin. Services Assn. of Am., the Court held that the funding mechanism for the Consumer Financial Protection Bureau (CFPB) in 12 U.S.C. § 5497 satisfies the…

6.11.24

Hot Takes: CFPB Backs NY AG’s Position That EFTA Applies to Consumer Wires

We have been closely tracking the recent action by the New York Attorney General (“NY AG”) against Citibank regarding the bank’s treatment of consumer wire transfers. By way of background, the NY AG…

6.11.24

Key Supreme Court Decisions Issued Regarding Free Speech, CFPB Funding, and Contract Disputes

Last month, the Supreme Court issued several significant rulings. These include upholding the constitutionality of the Consumer Financial Protection Bureau’s funding structure, deciding that courts…

6.07.24

One Minute Matters [Video]: Should Dealmakers Pump the Brakes on Bank M&A? What You Need to Know About the FDIC & OCC Proposals (with Jeff Gifford)

Are bank mergers about to become a lot more challenging? Jeff Gifford breaks down what dealmakers need to know about the FDIC and OCC’s plan to make these transactions a much more complex process.

6.03.24

One Minute Matters [Video]: Does Your AI Assistant Play Favorites? Understanding Algorithmic Bias and What Businesses Can Do (with Matt Hays)

An algorithm trained on biased data can impact everything from access to jobs and housing to the ability to travel freely. Matt Hays breaks down what businesses need to know about navigating the data…

6.03.24

One Minute Matters [Video]: What a Recent Ransomware Attack Reveals About the Healthcare Industry's Cybersecurity (with Kim Holmes, Eric Klein, and Cindy Motley)

Cyberattacks in the healthcare industry have increased at an alarming rate, with targets ranging in size from behemoths like Change Healthcare and Ascension to small physician practices. Eric Klein,…

5.30.24

Decision Alert: Supreme Court Clarifies Copyright Act’s Damages Provision

On May 9, 2024, the Supreme Court decided Warner Chappell Music, Inc. v. Nealy, holding that a copyright owner is entitled to monetary relief for a timely infringement claim, regardless of when the…

5.30.24

Decision Alert: Supreme Court Unanimously Holds Administrative Appeal Deadline Is Non-Jurisdictional

On May 16, 2024, the Supreme Court unanimously held in Harrow v. Dep’t of Defense that the deadline to appeal a decision by the Merit Systems Protection Board (“MSPB”) is non-jurisdictional and…

5.30.24

Decision Alert: Supreme Court Unanimously Holds Courts Must Stay Suits Sent to Arbitration

On May 16, 2024, the Supreme Court unanimously held in Smith v. Spizzirri that when a court finds that a lawsuit involves an arbitrable dispute and a party requests a stay, 9 U.S.C. § 3 of the Federal…