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Expert Analysis

• It's Not You, It's Me: Breaking Up With Mass. FCA Prosecutors

  

  A recent Massachusetts U.S. Attorney's Office settlement, which required a hospital to admit to certain facts, continues a state trend away from traditionally defense-friendly nonadmission language and may complicate the prospects of amicably resolving future False Claims Act cases, say Jonathan York and Scott Memmott at Morgan Lewis.

• An In-Depth Look At FDIC Reform Options After Bank Failures

  

  Anthony Pirraglia and Melissa Hall at Loeb & Loeb explain the three coverage options for reforming the deposit insurance system, which were proposed in a recent report from the Federal Deposit Insurance Corp. in the wake of the Silicon Valley Bank and Signature Bank failures.

• Legal Considerations For Calif. Rental Vehicle Data Collection

  

  The legal implications under California’s Rental Passenger Vehicle Transactions Law must be thoroughly understood and navigated carefully, and rental companies operating in the state should consider some key factors before installing tracking devices in their vehicles, says Hannah Ji-Otto at Baker Donelson.

• Top 5 Privacy Cases To Watch, From Chatbots To Geolocation

  

  Litigation related to privacy law violations has been on the rise recently, and while some judges have pushed back on the novel theories set forth by plaintiffs, new privacy cases are launched almost every day, including notable ones on topics ranging from chatbots to geolocation, say Sushila Chanana and Rodolfo Rivera Aquino at Farella Braun.

• Cos. Must Prepare For More ESG Scrutiny From All Sides

  

  As businesses face challenges to their environmental, social and governance efforts and statements — both from those who find them inadequate, and from those who think they go too far — it is more important than ever to proceed with care in implementing and disclosing ESG initiatives, say attorneys at Skadden.

• Texas Bankruptcy Ruling May Create Uncertainty For Sureties

  

  A Texas federal court’s recent ruling in Markel Insurance v. Origin Bancorp casts uncertainty on the utility of commonly used contractual trust language, and highlights that sureties should not be put to the task of negotiating intercreditor agreements to protect their rights, says Lisa Tancredi at Womble Bond.

• 2nd Circ. Reinsurance Ruling Correctly Applied English Law

  

  Contrary to a recent Law360 guest article's argument, the Second Circuit correctly applied English law when it decided in Insurance Company of the State of Pennsylvania v. Equitas that concurrent reinsurance certificates required the reinsurer to cover loss in accordance with the law of the policy's governing jurisdiction, say Peter Chaffetz and Andrew Poplinger at Chaffetz Lindsey.

• ALI, Bar Groups Need More Defense Engagement For Balance

  

  The American Law Institute and state bar committees have a special role in the development of the law — but if they do not do a better job of including attorneys from the defense bar, they will come to be viewed as special interest advocacy groups, says Mark Behrens at Shook Hardy.

• FCA Liability Lessons From HHS Psychotherapy Audit

  

  The U.S. Department of Health and Human Services' recent finding of improper Medicare payments for psychotherapy services provided in 2020-2021 might inspire whistleblowers to pursue allegations under the federal False Claims Act, but there are reasons to be skeptical of converting these audit results into expansive FCA liability, say attorneys at Sidley.

• What's Next For 5th Circ.'s ACA Preventive Care Suit

  

  The Fifth Circuit's high-profile Braidwood v. Becerra case has significant ramifications for Affordable Care Act coverage requirements, and there is precedent to suggest that it could be ultimately decided by the U.S. Supreme Court, says Nicholas DiCarlo at Zuckerman Spaeder.

• 2nd Circ. Reinsurance Ruling Misconstrues English Law

  

  The Second Circuit's finding in Insurance Company of the State of Pennsylvania v. Equitas Insurance, that London-based reinsurer Equitas owed coverage for losses outside the policy period, stems from that court's misinterpretation of English law on reinsurance policy construction, says Christopher Foster at Holman Fenwick.

• Firm Tips For Helping New Lawyers Succeed Post-Pandemic

  

  Ten steps can help firms significantly enhance the experience of attorneys who started their careers in the coronavirus pandemic era, including facilitating opportunities for cross-firm connection, which can ultimately help build momentum for business development, says Lana Manganiello at Equinox Strategy Partners.

• 6th Circ. Judge Correctly ID'd ERISA Civil Procedure Conflict

  

  While the Sixth Circuit in Tranbarger v. Lincoln Life & Annuity recently affirmed a ruling that denied the plaintiff's disability benefits, one judge's concurrence should be commended for arguing that adjudication of such Employee Retirement Income Security Act cases fundamentally contradicts the Federal Rules of Civil Procedure, says Mark DeBofsky at DeBofsky Law.