Government Sees $104 Million Verdict Vanish After Its Theory of Liability Is Rejected Post-Trial
Client Alert | 1 min read | 01.08.15
U.S. ex rel. Bunk v. Birkart Globalistics, an FCA case spanning twelve years and two jury trials, came to an apparent end when the district court set aside the jury's verdict and damages award of $104 million, ruling that the government's theory of liability failed as a matter of law. The government's upset "expectations" of competitive bidding was itself an insufficient ground for a finding of falsity, and the government failed to show that any of the cargo carriers bidding on the contracts "presented a claim for payment based on a prime rate that was, in fact, inflated because of Gosselin's alleged conduct" and failed to present sufficient evidence of damages.
Insights
Client Alert | 3 min read | 09.13.24
SEC Disbands its Climate and ESG Enforcement Task Force
The Securities and Exchange Commission (SEC) has reportedly recently dissolved its Climate and ESG Enforcement Task Force (the Task Force). The Task Force was part of SEC Chair Gary Gensler’s broader push to increase investors’ access to environmental, social, and governance (“ESG”) information about public companies and registered investment companies. The dissolution of the Climate and ESG Enforcement Task Force comes after three years marked by industry resistance and a mixed record in the courts. Prior to the Task Force’s dissolution, the agency removed ESG from its annual Examination Priorities Report, which provides areas of particular focus during SEC examinations. While the Task Force has been dissolved, the SEC is still pursuing a number of its proposed ESG and climate-related rules.
Client Alert | 12 min read | 09.13.24
Tri-Agencies Finalize NQTL Comparative Analysis Standards in Final Rule
Client Alert | 5 min read | 09.11.24
Client Alert | 3 min read | 09.11.24
