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 | 7 min read | 10.21.26
Securities Law for Entrepreneurs
Do you want your startup to expand and become a major player in your industry? If so, you will most likely need to seek capital from outside investors to help you build infrastructure and fulfill orders.
Client Alert | 5 min read | 09.21.26
Congressional Letter Puts Spotlight on Unenforceable Secrecy Demands in Federal Subpoenas
Client Alert | 8 min read | 09.18.26
Mining, Indigenous Consultation Rights, and Investment Treaty Protection: Part 2
Client Alert | 6 min read | 09.18.26
