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We found 1,370 results for "Business Crimes Bulletin"...

<i>Ganek v. Leibowitz</i> and a Proposal to Reform Search Warrant Procedure
January 01, 2018
The Second Circuit recently reversed a district court's determination that federal prosecutors and agents were not entitled to qualified immunity from plaintiffs' <i>Bivens</i> claims for money damages for violations of the Fourth and Fifth Amendments in procuring and executing a search warrant.
The False Claims Act Seal: The DOJ's Position
January 01, 2018
<b><i>Part Two of a Three-Part Article</i></b><p>Notwithstanding the absence of an explicit gag order in the statute, the DOJ takes the position that, even if the relator properly files the case under seal at the outset, that relator can later “breach the seal,” and be subject to judicial sanction, if he or she discloses the existence of the <i>qui tam</i> to others.
DE Courts Uphold Strict Limitations on Liability for Oversight Claims
January 01, 2018
In 2017, two cases illustrated that Delaware courts continue to impose exacting pleading burdens on <i>Caremark</i> claims, especially when plaintiffs say that they are excused from making a demand on the board before suing derivatively.
In the Courts
January 01, 2018
Analysis of a case involving an embezzling attorney.
Business Crimes Hotline
January 01, 2018
Discussion of two major rulings out of Georgia and New York.
The False Claims Act Seal: Does It Bind and Gag the Defendant?
December 01, 2017
<b><i>Part One of a Two-Part Article</i></b><p>A company that finds itself the target of a federal fraud investigation often faces the fraught question of whether it may, or even must, disclose the existence of that investigation to third parties, such as its investors, shareholders, major creditors, or insurers. The question can be even more complicated if that investigation is being pursued under the False Claims Act and arises as the result of a sealed <i>qui tam</i> complaint.
Internal Whistleblowers
December 01, 2017
<b><i>SCOTUS Review of Dodd-Frank to Change the Landscape</i></b><p>In June, the Supreme Court granted <i>certiorari</i> in <i>Digital Realty Trust Inc. v. Somers</i>, to review a Ninth Circuit decision regarding SEC whistleblowing protections. The Court's ruling is highly anticipated, as it will clarify the landscape for whistleblower protections.
The Deductibility of FCA Payments in Light of <b><i>Kokesh</i></b>
December 01, 2017
<b><i>A Business Expense?</i></b><p>In negotiating FCA or similar settlements with the government, one key consideration is the tax treatment of any payment. While not in the context of deductibility, the Supreme Court this year, in<i>Kokesh v. SEC</i>, analyzed whether disgorgement in an SEC enforcement action was punitive or compensatory.
In the Courts
December 01, 2017
A rare ruling provides insight into the narrow scope that the attorney-client privilege and attorney work product privilege are afforded in criminal investigations.
Business Crimes Hotline
December 01, 2017
A look at a case involving the Paradise Papers.

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