Features
Tax Considerations of FCPA Violations
Last month, the authors began examination of some of the tax consequences of violations of the FCPA. They continue with that discussion herein, with a look at civil penalties.
New Legal Risks
The authors analyze the "Petri dish of anger" against the financial services sector.
Difficult Issues: Indemnification and Fee-Advancement
Once an investigation or major lawsuit starts up, corporate personnel are sure to be involved and, consequently, the difficult issues surrounding indemnification and advancement will undoubtedly arise.
Features
Circuit Clarifies Parent Defense Under the Child Abduction Law
The one-year period that must expire before a parent in an international custody dispute can raise the defense that a child is settled in his or her new country cannot be equitably tolled, the Second U.S. Circuit Court of Appeals ruled on Oct. 1.
Consumers Allege Pulp Fiction in Tropicana's 'Natural' Claims
A look at a recent suit involving Tropicana orange juice advertising claims.
Features
Practice Tip: Undoing Pliva Inc. v. Mensing
Congress is discussing taking away generic drug manufacturers' labeling litigation shield.
Features
The PPACA 's 'Physician Payment Sunshine Provisions'
The U.S. Supreme Court's decision upholding the Patient Protection and Affordable Care Act (PPACA) may be one of the most controversial and talked-about legal decisions. But one of the most contested provisions of the Act ' a mandate known as the "Physician Payment Sunshine provisions" may have larger implications for pharmaceutical companies and others.
Features
Creating a Culture of Leaders
This article examines how the author's law firm encouraged a culture of leadership by providing access to leadership development training across all disciplines and levels of experience.
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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 ›
- 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 ›