Economic Stimulus and False Claims Act Liability
December 18, 2009
Setting aside the contentious issue of whether stimulus activities are good for the economy at large, it is important that applicants for, and recipients of, stimulus funds realize that participation in these programs could result not only in significant benefits, but also in exposure to legal liability.
Who's Allegedly 'Cooking the Books' and Where?
December 17, 2009
In a poll conducted during an April 23, 2009 Deloitte online seminar entitled "Managing Fraud Risk: Insights and Practical Strategies," 72% of the 2,123 respondents indicated a belief that the number of accounting frauds uncovered would increase over the next two years.
'Prejudice'
November 30, 2009
It is fairly well established in many courts across the United States that "late notice" of a claim under an occurrence-based commercial general liability ("CGL") policy presents a problem for insureds only when it "actually" and "substantially prejudices" an insurer. In light of that standard, insurers appear to face high hurdles if they rely on notice issues to avoid coverage. At the very least, it seems that the question of prejudice is highly factual and thus should be preserved for a jury to decide.
Pension Funding
November 30, 2009
The conclusion of this two-part article addresses: 1) whether the Program qualifies for AFTAP valuation as an asset; 2) whether the Program complies with COLI Best Practices of 2006 and IRC ' 101(j) and Notice 2009-48; and 3) whether the Program is a prohibited transaction.
Interpreting FTC's New Endorsement Guidelines
November 25, 2009
For the first time since the 1980s, the FTC recently overhauled its guidelines and liability parameters for product endorsements and testimonials. These updated guidelines, which took effect Dec. 1, also cover the use of consumer endorsements and reviews. Entertainment companies that promote products ' and celebrities who blog and tweet ' through new media should consider how these guidelines may affect their marketing practices.
Dirty Laundry Hanging Out On The Web
November 25, 2009
Online objections to a corporation's products or services ' posted on "complaint" or "gripe" sites by former employees or consumers, or put elsewhere on the Web ' have a greater potential to be significantly more damaging to the target's operations than more traditional expressions of unhappiness.
The Iqbal/Twombly Decisions
November 25, 2009
One of the most frustrating and wasteful legal expenses for a medical device or pharmaceutical manufacturer is the cost of defending against claims where its product is ultimately found not to be involved. A discussion of the <i>Iqbal/Twombly</i> decisions and what they mean.
The Rise of Patient Safety Organizations
November 25, 2009
The Patient Safety Act authorizes the creation of a new type of entity, a patient safety organization (PSO), to receive and analyze information relating to patient safety. The Act confers broad federal privilege and confidentiality protections to this information, with significant penalties for breaches.
