Resources
The Firm's Thinking, Collected
This is where the firm's written analysis and commentary live, spanning every practice area and the industries the firm serves. A short update receives the same care as a longer treatment of a harder question. Browse below to find the perspective that matches what you're working through.
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The But-For Causation Split and the Certification Backdoor: Defending AKS-Tainted False Claims
After Regeneron, three circuits require but-for causation for AKS-based FCA claims. But the false-certification pathway requires none. A defense framework for both tracks.
- June 24, 2026
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Breaking the Mass-Arbitration Fee Trap: Defense Tactics After Wallrich, Frazier, and the AAA Rule Overhauls
Mass arbitration weaponizes up-front fees to coerce settlement. A defense framework for drafting, structuring, and litigating against coercive bulk filings after recent appellate wins.
- June 23, 2026
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Defending the Failure-to-Settle Claim: Managing Excess-Judgment and Bad-Faith Exposure Across Jurisdictions
Bad-faith failure-to-settle standards diverge sharply by state. A multi-jurisdictional claims-handling and litigation roadmap for carriers managing excess-judgment exposure.
- June 22, 2026
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Hyperlinked Files, Cloud Collaboration, and the New Geometry of Preservation Obligations
Are hyperlinked cloud documents "attachments"? A defense framework for the proportionality, versioning, and preservation questions modern attachments now raise.
- June 20, 2026
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Discoverable Prompts, Discoverable Holds: Defending Corporate ESI in the Generative-AI Era
Courts are ordering production of corporate AI prompts and outputs. A defense framework for structuring AI use, legal holds, and preservation before a discovery fight begins.
- June 15, 2026
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The End of California's Inverse Condemnation Era? Defending Utilities Through the SB 254 Reform Window
California's strict-liability inverse condemnation doctrine is under legislative scrutiny after the SB 254 reports. How utility defendants should position cases during the reform window.
- June 8, 2026
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Mallory's Long Reach: Defeating Consent-by-Registration Jurisdiction in a Multi-State Practice
Mallory revived registration-based general jurisdiction, but its scope is unsettled. A defense framework for resisting forum-shopped suits across a multi-state footprint.
- May 26, 2026
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Cybersecurity Certifications as Material Terms: Defending Civil Cyber-Fraud Exposure Across the Supply Chain
DOJ now treats cybersecurity certifications as material contract terms under the False Claims Act. A defense framework for contractors and grant recipients across the supply chain.
- May 4, 2026
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The Excessive Fines Ceiling on FCA Penalties: Litigating Proportionality After Yates, Zorn, and Taylor
Per-claim FCA penalties can dwarf actual damages. A defense framework for invoking the Eighth Amendment's Excessive Fines Clause to cap disproportionate penalty exposure.
- April 13, 2026
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Article II After Zafirov: Building the Constitutional Defense to Qui Tam Liability
The constitutional challenge to the False Claims Act's qui tam mechanism is now before the Eleventh Circuit. A defense playbook for raising and preserving the Article II defense.
- March 2, 2026
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Oklahoma's Bifurcated High Court System: Civil Appellate Practice in the Oklahoma Supreme Court
Oklahoma's bifurcated high court system divides civil and criminal jurisdiction. A defense practitioner's primer on civil appellate practice in the Oklahoma Supreme Court.
- October 15, 2024
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Utility Wildfire Subrogation in the Western United States: Multi-State Defense Frameworks
Survey of utility wildfire subrogation defense frameworks across California, Colorado, Arizona, and Washington, with common operational themes and state-specific architectural variations.
- September 18, 2024
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The Public Disclosure Bar After Recent Federal Authority
Federal and state FCA public disclosure bar doctrine after the 2010 amendments, with attention to original source exception, materiality interactions, and parallel state-level frameworks.
- August 20, 2024
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Comparative Fault in 2024: Tracking State-Level Allocation Reforms
Survey of comparative fault frameworks across eight states where the firm practices, addressing pure and modified comparative jurisdictions and the structural distinctions within each category.
- July 10, 2024
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Louisiana Civilian Law: A Defense Practitioner's Primer on Delictual Liability
Louisiana operates under civilian law rather than common law. A defense practitioner's primer on Civil Code delictual liability and operational differences for out-of-state counsel.
- June 12, 2024
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State FCA Frameworks Without a State FCA: Federal Enforcement in Pennsylvania and Similar Jurisdictions
Pennsylvania and a handful of other states operate without comprehensive state False Claims Acts. The single-track federal enforcement framework reshapes FCA defense practice in these jurisdictions.
- May 8, 2024
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Pre-Suit Notice Defense in 2024: A Five-State Comparison
A comparative survey of pre-suit notice frameworks across Arizona, Connecticut, Kansas, Oklahoma, and Tennessee, with strategic implications for defense counsel handling multi-state dockets.
- April 22, 2024
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Federal Wildfire Compensation Frameworks: The Cerro Grande to Hermit's Peak Lineage
Federal wildfire compensation legislation from the Cerro Grande Act of 2000 to the Hermit's Peak/Calf Canyon Act of 2022, with FEMA administration and implications for future federal frameworks.
- March 12, 2024
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Pennsylvania's Fair Share Act After a Decade: How the 60% Threshold Has Shaped Multi-Party Defense
A decade into Pennsylvania's Fair Share Act, the 60% threshold for joint and several liability has produced a defense practice that operates differently than in any other modified comparative state.
- January 15, 2024
The information on this page is provided for general informational purposes only and does not constitute legal advice. Reading it does not create an attorney-client relationship. Consult a licensed attorney about your specific situation.
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