Litigation

  • The False Claims Act Seal: Does It Bind and Gag the Defendant?

    Part One of a Two-Part Article

    A company that finds itself the target of a federal fraud investigation often faces the fraught question of whether it may, or even must, disclose the existence of that investigation to third parties, such as its investors, shareholders, major creditors, or insurers. The question can be even more complicated if that investigation is being pursued under the False Claims Act and arises as the result of a sealed qui tam complaint.

    December 01, 2017Andrew W. Schilling and Megan E. Whitehill

  • 9th Cir. Appellate Arguments; FL Sup. Ct. Ruling on Pre-'72 Recordings

    Just a few days after the Florida Supreme Court ruled the state's common law doesn't provide pre-1972 sound recordings with rights to public performance royalties, the U.S. Court of Appeals for the Ninth Circuit heard oral arguments on whether remasterings inject pre-1972 sound recordings with federal copyright protection.

    December 01, 2017Scott Graham and Celia Ampel

  • The Consequences of Imperfect Foreclosure Affirmations

    Where the borrower's default is not in dispute, the First Department appears to have recognized that there is little reason to delay the inevitable foreclosure. Discussion of a case in point.

    December 01, 2017Stewart E. Sterk

  • Internal Whistleblowers

    SCOTUS Review of Dodd-Frank to Change the Landscape

    In June, the Supreme Court granted certiorari in Digital Realty Trust Inc. v. Somers, to review a Ninth Circuit decision regarding SEC whistleblowing protections. The Court's ruling is highly anticipated, as it will clarify the landscape for whistleblower protections.

    December 01, 2017Matthew B. Schiff and Kathryn C. Nadro

  • Date Approaches for Start of EU Trade Secrets Directive

    In 2016, concerns about protecting trade secrets in the European Union resulted in Directive (EU) 2016/943 of the European Parliament and of the Council of June 8, 2016. Directive (EU) 2016/943, which will impact the entertainment industry, seeks to protect undisclosed know-how and business information (trade secrets) against their unlawful acquisition, use and disclosure.

    December 01, 2017Jonathan S. Cohen

  • When Lack of Informed Consent Is Not the Issue

    When an injury occurs, the first reaction of those in the medical office might be to ask, "Did the patient sign an informed consent form?" When the answer is "Yes," and the harm that occurred is listed as a possibility on that signed form, everyone can breathe a sigh of relief. Right? Not so fast.

    December 01, 2017Janice G. Inman

  • Exclusion of Evidence: The FDA's 510K Process

    In a drug or medical device injury case, one of the defense's most potent arguments often is that the product in question underwent FDA approval. But when a device is approved for sale to the public through the FDA's 510(k) process, the rigorous safety and efficacy analysis required of new and unique medical devices has not been undertaken.

    December 01, 2017Janice G. Inman

  • Children of a Married Same-Sex Couple

    The Presumption of Legitimacy

    In what is being hailed as a landmark decision, New York's Appellate Division, First Department, recently held that the presumption that a child born to a married couple is their legitimate offspring applies not only to biological children of both spouses, but also to children born through more modern means — even when the married parties are in a same-sex marriage.

    December 01, 2017Janice G. Inman

  • Criminal Probe of Weinstein Role in amfAR Monies

    The U.S. Attorney's Office for the Southern District of New York is conducting a criminal investigation into transactions connected to The Foundation for AIDS Research (amfAR) that were arranged by embattled film producer Harvey Weinstein, The New York Times reported. The transactions involved $600,000 raised at a May 2015 auction in Cannes on the French Riviera from a pair of fundraising packages arranged by Weinstein.

    December 01, 2017Miriam [email protected]