"Collective Knowledge" Rejected
Client Alert | less than 1 min read | 12.07.10
In U.S. v. Science Applications Int'l Corp., the D.C. Circuit concluded that the government cannot use "collective knowledge" jury instructions to prove that a corporation violated the False Claims Act because it would allow FCA liability without the level of knowledge required by the statute – i.e., that the corporation's employees acted in deliberate ignorance or reckless disregard of the truth or falsity of its claims. A collective knowledge instruction improperly allows the government "to prove scienter by piecing together scraps of innocent knowledge held by various corporate officials."
Insights
Client Alert | 4 min read | 04.01.26
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.
Client Alert | 5 min read | 04.01.26
Client Alert | 7 min read | 04.01.26
Client Alert | 5 min read | 03.31.26
Washington State Bans and Voids Most Noncompetes, Narrows Nonsolicits
