'Discovery Rule' Does Not Apply
In <i>Gabelli v. Securities and Exchange Commission,</i> the Supreme Court unanimously concluded that Section 2462's limitations period began to run from the date of the alleged misconduct, not from the date the SEC discovered the alleged fraud.
Features
New Litigation Trends Survey Reveals a Rising Tide
A look at The 9th Annual Litigation Trends Survey, commissioned by Fulbright & Jaworski L.L.P. and conducted during 2012 by an independent research firm.
Features
Outparcels in Retail Projects
The key to being able to sell or lease an outparcel successfully may often turn on the care that was taken by the initial developer of the subject project.
Columns & Departments
Business Crimes Hotline
Analysis of two key rulings.
In the Courts
A look at a recent decision involving the SEC and the "discovery rule.
Features
NY State White Collar Enforcement for the 21st Century
Over the last several decades, the federal government moved ahead of New York in attacking the problem of white-collar crime .But now, the state has launched the New York State White Collar Crime Task Force..
A Terrible Trap
The FAR trap that is buried deep ' is found at 3.1003 and 52.203-13 and is known as the 'mandatory disclosure rule.'
Features
The Federal Prosecutor As Regulator
In the heavily regulated health care sector, the line between human error and a knowing "false claim" can be indistinct, aided and abetted by prosecutors' reliance on the FCA-defined concepts of "reckless disregard" and "deliberate ignorance" as proxies for proof of actual knowledge.
Features
Litigating Complex Environmental Cases
In a series of recent decisions, the bankruptcy court for the Southern District of New York has broadly interpreted section 502(e)(1)(B) of the Bankruptcy Code in disallowing substantial claims in several contexts.
Features
When Worlds Collide
Until recently, the public finance world simply did not experience significant defaults. Until now. A look at recent litigation.
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