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Prosecution and Defense of Stock Option Backdating Cases

Steven F. Reich & Andrew C. DeVore

Backdating is different from conduct typically alleged as stock fraud because it is not in itself illegal. So long as the backdating of options is accompanied by proper accounting treatment and public disclosure, there is no securities law violation. Backdating cases thus have come to be thought of largely as accounting cases. As a result, a potent potential defense has emerged for corporate officers who may have known backdating was occurring but, because they did not have hands-on responsibility for their company's financial or accounting practices, were unaware of the accounting or disclosure consequences of that practice.

Features

Complying with the FCPA in Emerging Markets After SOX

Michael E. Clark

The recent settlement of parallel FCPA actions in the Southern District of Texas against Baker Hughes, Inc., a major oilfield service company, and its wholly owned subsidiary Baker Hughes Services International Inc. (collectively 'Baker Hughes'), underscores the importance of complying with the FCPA's provisions in emerging markets.

Features

Foreign Companies Prosecuted in the U.S. for Bribes Overseas

Laurence A. Urgenson & Audrey L. Harris

In an effort to level the playing field for U.S. businesses overseas, many OECD countries adopted the Convention on Combating Bribery of Foreign Public Officials in International Business Transactions in 1998. Nearly 10 years later, the main result may have been to enlarge the playing field of U.S. law enforcement.

Features

Movers & Shakers

ALM Staff & Law Journal Newsletters

Who's going where; who's doing what.

Verdicts

ALM Staff & Law Journal Newsletters

Recent rulings of importance to you and your practice.

Drug & Device News

ALM Staff & Law Journal Newsletters

Recent news from this important area.

Features

Med Mal News

ALM Staff & Law Journal Newsletters

The latest news you need to know.

When Products Liability Intersects with Malpractice Strategy

Lori G. Cohen & Sara K. Thompson

When physicians and hospitals find themselves defending a medical malpractice case that has been intertwined with product liability claims against a medical device manufacturer, these may seem like uncharted waters as compared with litigation solely involving multiple physician or hospital defendants. But the same general principle governs both scenarios: Defendants are likely to fare better when they hold hands and play nicely together for as long as possible and present a united front to plaintiffs.

Features

Localized Pain

Tresa Baldas

A movement is slowly building to abolish century-old medical malpractice laws that judge a doctors' performance by the medical standards existing in his or her community. Those laws, known as 'locality rules,' are still on the books in 21 states.

Document, Document, Document!

Barry B. Cepelewicz & Gary S. Sastow

Typically, health-care providers approach documentation with the goal of effectively communicating with themselves. The reality, however, is that depending upon many different circumstances, numerous other individuals may one day review a health-care provider's records for many different purposes and from many different perspectives.

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    Most experienced intellectual property attorneys understand the significant role surveys play in trademark infringement and other Lanham Act cases, but relatively few are likely to have considered the use of such research in patent infringement matters. That could soon change in light of the recent admission of a survey into evidence in <i>Applera Corporation, et al. v. MJ Research, Inc., et al.</i>, No. 3:98cv1201 (D. Conn. Aug. 26, 2005). The survey evidence, which showed that 96% of the defendant's customers used its products to perform a patented process, was admitted as evidence in support of a claim of inducement to infringe. The court admitted the survey into evidence over various objections by the defendant, who had argued that the inducement claim could not be proven without the survey.
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    On May 9, 2003, the U.S. Attorney's Office for the District of Massachusetts announced that Bayer Corporation, the pharmaceutical manufacturer, had been sentenced and ordered to pay a criminal fine of $5,590,800 stemming from its earlier plea of guilty to violating the Federal Prescription Drug Marketing Act by failing to list with the FDA its drug product, Cipro, that was privately labeled for an HMO. Such listing is required under the federal Food, Drug &amp; Cosmetic Act. The Federal Prescription Drug Marketing Act, Pub. L. 100-293, enacted on April 22, 1988, as modified on August 26, 1992 by the Prescription Drug Amendments (PDA) Pub. L. 102-353, 106 Stat. 941, amended sections 301, 303, 503, and 801 of the Federal Food, Drug, and Cosmetic Act, codified at 21 U.S.C. '' 331, 333, 353, 381, to establish requirements for distributing prescription drug samples.
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