'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.
Need Help?
- Prefer an IP authenticated environment? Request a transition or call 800-756-8993.
- Need other assistance? email Customer Service or call 1-877-256-2472.
MOST POPULAR STORIES
- Protecting Innovation in the Cyber World from Patent TrollsWith trillions of dollars to keep watch over, the last thing we need is the distraction of costly litigation brought on by patent assertion entities (PAEs or "patent trolls"), companies that don't make any products but instead seek royalties by asserting their patents against those who do make products.Read More ›
- Risks of “Baseball Arbitration” in Resolving Real Estate Disputes“Baseball arbitration” refers to the process used in Major League Baseball in which if an eligible player's representative and the club ownership cannot reach a compensation agreement through negotiation, each party enters a final submission and during a formal hearing each side — player and management — presents its case and then the designated panel of arbitrators chooses one of the salary bids with no other result being allowed. This method has become increasingly popular even beyond the sport of baseball.Read More ›
- Private Equity Valuation: A Significant DecisionInsiders (and others) in the private equity business are accustomed to seeing a good deal of discussion ' academic and trade ' on the question of the appropriate methods of valuing private equity positions and securities which are otherwise illiquid. An interesting recent decision in the Southern District has been brought to our attention. The case is <i>In Re Allied Capital Corp.</i>, CCH Fed. SEC L. Rep. 92411 (US DC, S.D.N.Y., Apr. 25, 2003). Judge Lynch's decision is well written, the Judge reviewing a motion to dismiss by a business development company, Allied Capital, against a strike suit claiming that Allied's method of valuing its portfolio failed adequately to account for i) conditions at the companies themselves and ii) market conditions. The complaint appears to be, as is often the case, slap dash, content to point out that Allied revalued some of its positions, marking them down for a variety of reasons, and the stock price went down - all this, in the view of plaintiff's counsel, amounting to violations of Rule 10b-5.Read More ›
- The DOJ's Corporate Enforcement Policy: One Year LaterThe DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.Read More ›
- The DOJ Goes Phishing: The Rise of False Claims Act Cybersecurity LitigationWhile the DOJ Civil Cyber-Fraud Initiative is still in its early stages and cybersecurity regulations are evolving, whistleblower plaintiffs have already begun leveraging the FCA to pursue alleged noncompliance with government cybersecurity requirements.Read More ›