While foreign bribery and corruption cases are currently getting most of the attention, this is no reason for domestic concerns to get too relaxed. Here's why.
This era of instantaneous cross-border communication and commerce has brought with it a corresponding increase in the application of the white-collar criminal laws of various countries to companies' international operations.
Now that the U.S. Supreme Court has given a green light to implementation of the Patient Protection and Affordable Care Act, franchisors and franchisees are assessing how the law will affect their businesses.
By adopting a construction of the Act that allows the government to obtain full reimbursement of Medicare payments from a discounted settlement, even if the reimbursement exhausts the settlement, the Sixth Circuit's opinion chills settlement and undermines the efficient use of judicial resources.
Modifications to health care delivery are changing at a pace that far exceeds anyone's expectations ' and perhaps exceeds our ability to react and respond in a fashion that protects both provider and patient.
Social networking sites are not just for social networking. As individuals become more and more comfortable with presenting "private" information to the "public," information posted on social networking sites can provide a rich source of discovery and can be a game-changer in litigation.
The guidelines governing the sentencing of fraud offenses ' long criticized as irrational, unduly severe, and the product of overt political pressure ' require wholesale reform.
In a stunning victory for the Obama administration, the U.S. Supreme Court on June 29 upheld the centerpiece of the nation's new health care law ' the so-called individual mandate to buy insurance ' as a constitutional exercise of Congress' taxing authority.
The treatment of personal identifiable information (PII) is quickly becoming a critical issue and should be on litigation support's risk and information governance agenda.
This edition of the Quarterly State Compliance Review looks at some legislation of interest to corporate lawyers that went into effect between May 1 and July 1, 2012, as well as some recent cases of interest. It includes two rulings from Delaware's courts, and decisions from California and New York on whether corporate officers may sue for wrongful termination.
“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.
Insiders (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.
The 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.
There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
With 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.
