Fifth Circuit Breaks New Ground on Vicarious Liability Under the Anti-Kickback Act
Client Alert | 1 min read | 07.25.13
In U.S. ex rel. Vavra v. Kellogg Brown & Root, Inc. (July 19, 2013), the Fifth Circuit addressed, as a matter of first impression, whether the double damages provision of the Anti-Kickback Act (AKA) can be applied to a corporate entity under a vicarious liability theory or whether doing so would render the single damages provision that applies to corporate entities whose "employees" violate the AKA superfluous. The Fifth Circuit held that the AKA does allow for vicarious liability when an employee is acting either within her scope of employment or under "apparent authority," as defined by the common law of agency.
Insights
Client Alert | 4 min read | 03.17.26
New Jersey Proposes Sweeping Ban on Data-Driven Pricing
The New Jersey Legislature is considering two bills, that if enacted, would prohibit business entities from using either consumers' personal data or “personalized algorithmic pricing” to set prices for merchandise or services, including groceries. If enacted, the new laws would have broad implications for companies across industries that rely on algorithmic or data-informed pricing strategies. In her recent State Budget Address, New Jersey Governor Mikie Sherrill pledged to sign the proposals into law if they reach her desk.
Client Alert | 4 min read | 03.17.26
Client Alert | 4 min read | 03.17.26
Client Alert | 2 min read | 03.17.26
Qatar Introduces Licensing Framework for E-Commerce Activities Without a Physical Premises
