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Living in a Material World After Escobar

Client Alert | 1 min read | 02.02.17

On January 26, 2017, the Fourth Circuit heard oral argument in United States ex rel. Omar Badr v. Triple Canopy, one of four False Claims Act decisions that the Supreme Court vacated and remanded for further consideration in light of the Court’s June 2016 holding regarding the implied certification theory in Universal Health Servs. v. United States ex rel. Escobar. Since Escobar was decided, three of the four circuits have grappled with the Escobar holding and issued decisions in the remanded cases. In a "Bloomberg Law Insight," C&M attorneys discuss how these early decisions illustrate the flexible nature of the Escobar materiality test and are an early sign of much litigation to come.

Insights

Client Alert | 4 min read | 04.01.26

Supreme Court Rejects “Mere Knowledge” Standard for Contributory Copyright Infringement in Cox v. Sony, Reverses $1 Billion Judgment Against Cox

On March 25, 2026, in Cox Communications, Inc. v. Sony Music Entertainment, the U.S. Supreme Court reversed a $1 billion verdict against Cox. The judgment was the result of a jury trial in which Sony claimed that Cox was liable for contributory copyright infringement because it knew that its customers were using its service to infringe yet did not respond with sufficient diligence to prevent that infringement....