The increased use of the False Claims Act to combat duty evasion has alarmed importers. Liability under the FCA can be significant – three times damages plus penalties for each false entry document. Now parties downstream in the supply chain – including wholesalers, large retailers, and other commercial buyers of imported goods – are also facing FCA liability, not just importers.

A new consensus is emerging at the appellate level.  The First, Seventh, and now the Second Circuit Courts of Appeal have issued decisions clarifying that proposed class representatives need only have standing to assert their own state law claims, not those of absent class members. 

Kirby McInerney filed a response in support of interim lead counsel motion highlighting the firm’s experience and rigorous investigation regarding the direct impact on proposed class members in both the bitcoin and bitcoin related futures markets.

Unclaimed property operations and compliance managers at US financial firms will soon find out that the task is more difficult than they thought should JP Morgan Chase lose its appeal of a New York civil court judge’s ruling about the bank’s required interest payment on unclaimed accounts reported late to New York State.

“Kirby played an integral role in this case and assumed significant risk… Kirby’s work was at a very high level [and] Kirby’s work greatly benefited the Class.”

“Let me just say… that this has been an extraordinarily well-tried case. I want to thank counsel for both sides and your supporting staffs for your courtesies to the bench. I was very impressed by the fact that you were all so very well prepared with the demonstratives and the binders, etc…. it was all expertly – expertly – choreographed.”

KM received the highest available commendations from the City of New York four years in a row for its work on the AWP Litigation. In each of those four years, KM’s efforts on the City’s behalf received the overall rating of “excellent”. The City elaborated, “Kirby did a truly excellent job and the results reflect that.”

“[KM] represented us diligently and successfully. Throughout [KM’s] representation of our firm, [KM’s] commitment and attention to client concerns were unimpeachable.”