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.
Contacts
Insights
Client Alert | 4 min read | 02.19.26
Proposed NY Legislation May Mean Potential Criminal Charges for Unlicensed Crypto Firms
On January 14, 2026, State Senator Zellnor Myrie proposed legislation in the New York State Senate that would amend New York law to make it a criminal offense to operate a virtual currency business in New York without the proper license. By introducing the possibility of criminal penalties, Senate Bill S. 8901, the Cryptocurrency Regulation Yields Protections, Trust, and Oversight Act (CRYPTO Act), would mark a significant regulatory shift in the state’s oversight of virtual currency businesses, given New York’s prominence in virtual currency regulation in the U.S.
Client Alert | 2 min read | 02.18.26
Client Alert | 4 min read | 02.18.26
Federal Court Rules Some AI Chats Are Not Protected by Legal Privilege: What It Means For You
Client Alert | 6 min read | 02.18.26
The CeramTec Case, or How to (not) Navigate the Patent to Trademark Transition
