State Higher Ed Entities Face Arm-of-the-State Test
Client Alert | less than 1 min read | 06.25.12
In US ex rel. Oberg v. Ky. Higher Educ., the Fourth Circuit considered whether corporate entities created by several states to provide higher education financing (and accused of making false claims to DOE) are "persons" subject to FCA liability. The court stated that "the critical inquiry is whether [the entities] are truly subject to sufficient state control to render them a part of the state, and not a 'person,'" and instructed that Eleventh Amendment "arm-of-the-state" analysis applies to determine if they are subject to liability.
Contacts
Insights
Client Alert | 3 min read | 10.21.26
Private Investigations Act Series: Temporal, material and territorial scope
The Private Investigations Act (PIA), which entered into force on December 16, 2024, fundamentally modernized the framework for private investigation activities in Belgium. Its implications for businesses conducting internal investigations are far-reaching.
Client Alert | 7 min read | 10.21.26
Client Alert | 4 min read | 10.20.26
California Follows New York’s Lead in Requiring AI “Synthetic Performer” Disclosures in Advertising
Client Alert | 5 min read | 10.20.26
