Features
Expanded False Claims Liability
Besides its changes to criminal law described in this issue, the Fraud Enforcement and Recovery Act of 2009 (FERA), signed into law on May 20, 2009, significantly increases companies' exposure to civil lawsuits brought by the government and whistleblowers.
New Mandatory Disclosure Rule
Since Dec. 12, 2008, the ability of company counsel to make independent judgments and to advocate on behalf of their clients has been co-opted. That was the effective date of an amendment to the Federal Acquisition Regulation (FAR), which covers almost anyone who contracts to provide products or services to the federal government.
Features
Let the Hirer Beware: Increased Lateral Hiring Increases the Risk of Malpractice Claims
With so many lawyers up for grabs, many of them eminently qualified, firms have enticing opportunities to bring aboard top talent, sometimes at bargain prices. But let the hirer beware. Lateral hiring isn't without risk, and more lateral hiring means more exposure to claims alleging malpractice and other failings.
Features
FERA Expands Enforcement Options
The Fraud Enforcement and Recovery Act of 2009 (FERA), enacted in May, was easy to miss. Yet this small piece of legislation makes a number of significant changes to the federal money laundering and criminal fraud statutes ' changes about which lawyers who represent clients accused of white-collar crimes will want to be aware.
Re-engineering Underused Partners
In the current recession, partners whose practices depend on transactional areas of the law have experienced a significant decline in business. Some firms may have the resources and client work to carry them. Others may not. "Re-engineering" underutilized partners, although not the easiest solution, could be the least objectionable.
Estate Planning: Attorneys and CPAs ' Perfect Together
Whether or not a law firm offers its clients estate planning services, the input of a CPA is vital to ensure that a client receives the most comprehensive estate planning advice. Law firms without estate planning capabilities should work closely with accounting firms that do have estate planning expertise in order to realize an additional revenue stream from existing clients.
Features
Cash Management: Know What You Need, Get It, and Put It to Work
The cash-flow statement is the single most important tool for the success of any business. Most lawyers, and even many large law firms, begin to realize that they are in trouble only after the money ceases to come in the door. However, cash flow cessation is usually the last symptom of a downward spiral that started long before.
IP News
Highlights of the latest intellectual property news from around the country.
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MOST POPULAR STORIES
- Enhanced Oversight of Search Warrants and Title III WiretapsSearch warrants and wiretaps were once used primarily to investigate organized crime, drug dealing and terrorism. In recent years, however, prosecutors have employed these tools increasingly in the context of white-collar crime to the point where it is now commonplace.Read More ›
- Bankruptcy Sales: Finding a Diamond In the RoughThere is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.Read More ›
- Use of Deferred Prosecution Agreements In White Collar InvestigationsThis article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.Read More ›
- The Right to Associate in the DefenseThe "right to associate" permits the insurer to work with the insured to investigate, defend, or settle a claim. Such partnerships protect the insurer and can prove beneficial to the insured's underlying case and ultimate exposure.Read More ›
- DOJ's Cyber Fraud Initiative: A Wake-up Call That Keeps RingingDOJ's Cyber Fraud Initiative has been a wake-up call for companies to prioritize cybersecurity and adhere to stringent standards. By leveraging the FCA, DOJ has used a powerful enforcement tool to target a wide range of cybersecurity failures and misrepresentations. The increasing focus on cybersecurity by enforcement agencies means that robust cybersecurity practices are becoming a standard expectation, not just a best practice.Read More ›