Not So Fast: Federal Circuit Reverses CFC Decision Limiting Indemnification Rights
Client Alert | less than 1 min read | 01.17.13
In Indian Harbor Insurance Co. (Jan. 11, 2013), the Federal Circuit reversed the CFC and held that letters from a state regulatory agency demanding clean-up of environmental contamination at a former military site resulting in a voluntary clean-up agreement do constitute a "claim for personal injury or property damage" under section 330 of the 1993 NDAA, which requires DoD to indemnify subsequent owners of military sites against certain such "claims." This decision is an important development for parties seeking federal indemnification in connection with state regulatory actions.
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ROI Tracking as Mens Rea? Novartis Ruling Reframes AKS Pleading Risk
Is evidence that a company tracked return on investment (ROI) for certain actions and expenses sufficient to prove mens rea and plead a violation of the federal Anti-Kickback Statute (AKS) with the requisite particularity? A recent decision in the U.S. District Court for the Southern District of New York (SDNY) suggests that it is.
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Who Invented That? When AI Writes the Code, Patent Validity Issues May Follow
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