On Feb. 14, 2011, the Department of Justice (DOJ) and the Department of Health and Human Services (HHS) sent Valentine’s Day greetings by announcing that in fiscal year 2011, the agencies recovered approximately $4.1 billion from joint enforcement efforts.
On Nov. 4, 2011, the D. C. Circuit decided United States ex rel. Batiste v. SLM Corp., 659 F.3d 1204 (D.C. Cir. 2011), holding for the first time that a previously filed complaint need not meet the requirements of Federal Rule of Civil Procedure 9(b) to bar a similar, later-filed...
In the face of possible litigation, counsel’s decision whether to invoke an arbitration or mediation clause typically involves a complex consideration of cost, timing, fairness, contractual obligations, impact on the desired outcome, the ability to prevail against the other party, and reputational effects on business and consumers.