What is Criminal Intent?
Intent is an important issue in many federal criminal cases. While some federal criminal statutes establish “strict liability” offenses—meaning that evidence of intent (or any other “guilty state of mind”) is not required, oftentimes the jury's decision will rest on whether the U.S. Attorney's Office is able to prove the...Read more
Price Gouging Defense Update: State and Federal Authorities are Aggressively Targeting Price Gougers During the Novel Coronavirus (COVID-19) Pandemic
The U.S. Department of Justice (DOJ) and Attorney General's Offices around the country have announced that they will be aggressively targeting companies that attempt to price gouge healthcare providers and consumers during the COVID-19 outbreak. The novel coronavirus (COVID-19) pandemic continues to have unprecedented effects on our nation's economy; and,...Read more
The Novel Coronavirus (COVID-19) Pandemic and Force Majeure: When Is Contract Performance Excused?
Is your company excused from meeting its contractual obligations during the novel coronavirus pandemic? Learn about some key considerations for invoking force majeure. As countries around the world attempt to deal with the novel coronavirus outbreak and stabilize their economies, many businesses are being forced to ask whether performance under...Read more
Can Companies Rely on Force Majeure During the Novel Coronavirus (COVID-19) Pandemic?
For companies that are unable to meet their contractual performance obligations due to the government restrictions imposed during the COVID-19 outbreak, force majeure clauses may provide a source of relief. On March 13, 2020 President Trump declared the novel coronavirus (COVID-19) outbreak a national emergency. Since then, Americans across the...Read more
COVID-19 and Force Majeure Clauses: Are Your Contracts Enforceable During a Pandemic?
What do you need to know if your company or one of its counterparties is unable to meet its contractual obligations due to the novel coronavirus pandemic? Recently, many of our healthcare and corporate clients have come to us with the same question: How do the events surrounding the novel...Read more
Contract Breaches During the Novel Coronavirus Pandemic: Potential Claims and Defenses
As the novel coronavirus (COVID-19) pandemic continues to impact companies across the nation, many are being forced to grapple with difficult questions concerning contractual performance and liability. Dealing with contractual issues is a fact of doing business. Suppliers fail to deliver on time. Clients, customers, licensees, and lessees get behind...Read more
Defending Employers Against Litigation Due to the Coronavirus
Dr. Nick OberheidenAttorney-at-LawDirect: 888-680-1745 The coronavirus (COVID-19) pandemic presents several novel challenges for employers. As companies do their best to protect their employees and the public at large, they must also prepare for the prospect of litigation. As the legal landscape continues to shift in response to the novel coronavirus...Read more
What Does President Trump’s Invocation of the Defense Production Act Mean for Businesses in the U.S.?
The Defense Production Act is a Federal Law that Authorizes the President to Direct Companies to Supply Needed Products in Times of Crisis On March 18, 2020, President Trump issued an Executive Order invoking the Defense Production Act of 1950 (the "Act"). Enacted in response to the Korean War, the...Read more
Why Should You Try to Prove “No Intent” in a False Claims Act Investigation or Other Federal Criminal Case?
In federal cases involving allegations of healthcare fraud and various other white-collar offenses, the difference between facing criminal charges and civil charges (or no charges at all) is often the element of criminal "intent." If you are being targeted under a statute such as the False Claims Act that includes...Read more
How Can You Convince the Federal Government that You Did Not Have Criminal “Intent”?
Whether you are currently the subject of a federal investigation or you have been indicted on federal criminal charges, a key component of your defense strategy is likely to focus on challenging the government’s evidence of criminal “intent.” If you are under investigation, you want to keep the investigation civil...Read more