The Federal Lawyer (2016)

The False Claims Act (FCA) is a powerful statute—revered by many for its tremendous success in returning taxpayer dollars to the public fisc—but feared by many businesses for its procedural and punitive consequences. There is no doubt that the FCA has had an enormous impact—it is responsible for returning nearly $50 billion to taxpayers since 1986 alone. From the perspective of businesses, however, the FCA is an intimidating hydra, with numerous liability pitfalls and seemingly limitless damages.

Expedited proceedings, specialized adjudicators, flexible procedural rules, truncated discovery procedures, and finality are the hallmarks of arbitration. In contrast to litigation, parties in arbitration have the opportunity to choose their arbitrators, the procedural rules for the proceedings, the forum, and the substantive laws that will apply.

Does your state follow the common law rule against perpetuities, does it use the common law rule with the “wait-and-see” modification, has it adopted the Uniform Statutory Rule Against Perpetuities, or does it follow a different standard? Is the punishment for burglary in your state enhanced if the premises was inhabited or if the entry was at night? Even if you are a licensed attorney, there is a good chance you do not know these answers off the top of your head.

“The district courts have evolved from local tribunals dealing with minor infractions and land disputes into courts of tremendous significance dealing with essentially every major issue confronting society…”

The landmark case of Miranda v. Arizona turns 50 this year. From Jack Lord to Peter Falk, from Jerry Orbach to Mariska Hargitay, during these five decades television cops have unvaryingly begun to intone, “You have the right to remain silent…” the moment their suspect is handcuffed. Nothing could be more clear-cut than the rule of Miranda … as seen on TV. However, real police stations and courtrooms are different.

The era of American overseas expansion and imperialism commenced in 1898 when the United States acquired the territories of Hawai`i, Guam, and the Philippines in the Pacific Ocean and Puerto Rico in the Atlantic Ocean. That same year, Cuba, also in the Atlantic, became a U.S. protectorate until 1902, whereupon the United States maintained complete jurisdiction over Guantanamo Bay. In 1899, the United States also acquired American Samoa as another Pacific territory.

Believing that this issue demands the attention of the legal community, the Tampa Bay Chapter of the Federal Bar Association (FBA), along with co-sponsoring organizations Stetson University College of Law, the Florida Association for Women Lawyers, the Hillsborough County Bar Association, the Hillsborough Association for Women Lawyers, the George Edgecomb Bar Association, and the Pinellas Chapter of the Florida Association for Women Lawyers, offered an innovative leadership program in 2015: “Staying in the Game: Women, Leadership, and the Law.”

A few months ago, during a serious conversation about potential opportunities for growing tribal economies with financial and business stakeholders representing diverse segments of Indian Country, the question arose: How can Indian Country leverage its significant economic gains realized in the past few decades into lasting community well-being for the future?

Conservation easements have been a popular preservationist’s tool for decades, in large part because of the tax benefits available to easement donors. The concept is straightforward: The donor grants a restrictive easement over a qualifying property to a qualifying organization and receives a tax deduction for the charitable contribution based on the value of the easement.

In summer 2015, the U.S. Supreme Court handed down five opinions in six bankruptcy cases. These cases, which the Court considered for more than a year, resolved various bankruptcy issues ranging from technical to fundamental.