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.
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Client Alert | 4 min read | 04.08.26
Cosmetics Under the Microscope: FDA’s Expanding Regulatory Reach Under MoCRA
The Modernization of Cosmetics Regulation Act of 2022 (MoCRA) marked the most significant expansion of FDA’s authority over cosmetics in 80 years — and the agency is putting that authority to work. From the launch of a new adverse event reporting tool to forthcoming rules on fragrance allergens and good manufacturing practices (GMP), FDA is reshaping the regulatory landscape for manufacturers, packers, and distributors of cosmetic and personal care products.
Client Alert | 3 min read | 04.07.26
Answering the Top Seven Questions About Pending Section 301 Deadlines
Client Alert | 3 min read | 04.07.26
EU Pharma Package: Fiscal Imports in the Supply Chain Compromise Proposal
Client Alert | 5 min read | 04.07.26
