Features
13 Ways to Amplify Your Communications
Here are 13 tips to amplify your communications programs to meet the challenges of 2013 and beyond.
Disclosure of ADR Affiliation
California's Second District Court of Appeal recently established a bright-line rule when it held that a lawyer's membership in the ADR provider deciding his case must be disclosed to the other side.
The Duty to Notify an Excess Carrier: Considerations for Defense Counsel
The relationship between a primary and excess insurance carrier within the context of a catastrophic medical malpractice litigation is fraught with possible pitfalls.
Columns & Departments
Business Crimes Hotline
A look at a recent case in which the DOJ leveraged FIRREA.
Defending Against Asset Forfeiture
Given the DOJ's aggressive use of asset forfeitures, including higher-value forfeitures, counsel should be prepared to seek <i>Monsanto</i> hearings.
Features
Navigating Turbulent FCPA Waters
While there have been high-profile setbacks to be sure, there is little reason to expect FCPA enforcement actions ' characterized by some as a tool in the war on terror ' to decline.
Features
Key Elements of Effective FCPA Remediation: Earning DOJ and SEC's 'High Premium'
The Department of Justice (DOJ) and Securities Exchange Commission's (SEC) Guide to the U.S. Foreign Corrupt Practices Act (FCPA) demonstrates, if there were any doubt, the importance of timely and effective FCPA remediation.
Adverse Event Reporting for Pharmaceutical Products
The Food and Drug Administration (FDA) provides some protection to drug companies regarding adverse event reports by allowing a disclaimer statement about liability. However, this is not a blanket defense against other potential liability exposure.
Features
Practice Tip: The Scope of Daubert in Product Liability Class Actions
If district courts must rule conclusively whether expert testimony will be admissible at trial before making a Rule 23 determination, parties may have to engage in considerable discovery before class certifications can be made.
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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 ›
- 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 ›
- Meet the Lawyer Working on Inclusion Rider LanguageAt the Oscars in March, Best Actress winner Frances McDormand made “inclusion rider” go viral. But Kalpana Kotagal, a partner at Cohen Milstein Sellers & Toll had already worked for months to write the language for such provisions. Kotagal was developing legal language for contract provisions that Hollywood's elite could use to require studios and other partners to employ diverse workers on set.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 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 ›