Features

The Rise of False Claims Act Cybersecurity Litigation
While 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.
Features

Artist's Talent Agencies Act Claim In CA Doesn't Bar Personal Managers' NY Lawsuit
What happens if a personal manager files a lawsuit in a court outside of California against a talent client who has raised a California Talent Agencies Act claim in California?
Features

Litigating Redesigns At the ITC
An overview of redesigns at the ITC, a discussion of the ITC's recent determination in Certain Audio Players and Controllers, and identifies some considerations to keep in mind when litigating redesigns at the ITC.
Features

The DOJ Goes Phishing: The Rise of False Claims Act Cybersecurity Litigation
While 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.
Features

Examining the SEC's Rulemaking Process
SEC Chair Gary Gensler's agenda raises important questions of both substance and process, including the technical, but very important, matter of SEC rulemaking: What is required for the Commission to create new rules, or change well-established rules? The answers to these questions, in turn, may determine what can realistically be accomplished given timing and political constraints.
Features

DOJ 2021 Fraud Section Report Shows COVID Effect Dissipating
Although billed as an annual look-back, the U.S. Department of Justice Criminal Division's Fraud Section annual report provides important insight for individuals, entities, and their lawyers as to where the Fraud Section is setting its sights for 2022 and beyond.
Features

Clarity on Patent Eligibility Law Could Be Coming In 2022
The murkiness around patent eligibility is one reason innovators have been turning more toward trade secret law to protect their inventions.
Features

Mail and Wire Fraud Post 'Kelly v. United States'
This article discusses the holding by the U.S. Supreme Court Kelly v. U.S. and explains its impact on subsequent cases and concludes with a discussion of the "right to control" theory of mail and wire fraud, which has been challenged in light of the Kelly decision.
Features

Anti-Bullying and Corporate Responsibility
As boards implement anti-bullying policies to protect against a toxic management-to-employee workplace environment, they should also consider extending similar protection to the vital interactions between the general counsel and the CEO.
Features

Insurance Fraud Remains Key Area of Government Focus
During the past year, there were important government reports examining the defrauding of health insurance programs, new trends and government initiatives relating to fraud, and insurance fraud cases involving significant numbers of defendants. When added together, it is not difficult to understand why insurance fraud remains such a key area of focus for government officials, carriers and attorneys.
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