The False Claims Act, or FCA, became federal law in 1863, in response to fraud by Civil War contractors providing (or not providing) goods for the Union war effort. More than 150 years later, the courts are still resolving big questions about its meaning. The FCA[1] creates punishing civil liability — including triple damages — for companies...Read More

In a one-person business,[1] there is no confusion about who calls the shots.  There is also no chance of disagreement concerning the operation of the business’s affairs. Confusion and disagreement can arise, however, when there is more than one person involved. Such confusion is unnecessary. Minnesota, like other states, has well-established rules determining who makes decisions...Read More

One challenge of trial work is trying to anticipate beforehand every issue that might arise once the parties are in the courtroom. Discovery greatly reduces the incidence of surprises of fact, but it can’t protect against surprises of law — foreseeable legal arguments that lurk undetected, camouflaged by the obvious issues absorbing everyone’s attention, until they come leaping from hiding...Read More