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Developments in Indian Anti-Corruption Legislation

While U.S. authorities have stepped up FCPA enforcement to an unprecedented level, India, the world's largest democracy and second largest country by population, finds itself among the forefront of countries working to rid themselves of corrupt transactions.

The SEC Whistleblower Incentives Program

This article examines how the SEC plans to use the powerful new incentives to draw out would-be whistleblowers, and how it plans to sort through and make use of whistleblower complaints.

In the Courts

In-depth analysis of recent key cases.

Business Crimes Hotline

Recent rulings of interest.

Pharmaceutical Companies, Off-Label Promotion And Qui Tam Actions

In pharmaceutical actions, most false claims qui tam actions brought by whistleblowers involve off-label promotion, kickbacks, pricing allegations, and reimbursement abuses. Although these start out as civil lawsuits, they often end with the DOJ pressing charges against the pharmaceuticals manufacturer.

Attorneys and Whistleblowing

A recent opinion from the Southern District of New York indicates that lawyers will typically be prohibited from bringing qui tam actions against their former clients. And the new Dodd-Frank regulations expressly limit when an attorney can reap a whistleblower reward.

Privileged Communications and the One-Sided Nature of Crime-Fraud Litigation

The crime-fraud exception to the attorney-client privilege allows the government, often ex parte, to obtain a court order demanding the production of what were once thought to be privileged communications.

Business Crimes Hotline

Several verdicts of interest.

In the Courts

A look at major litigation of importance.

The Backup Tapes Quagmire

Government "hold" letters and subpoenas in white-collar investigations seek the preservation or production of "backup tapes." Some prosecutors and agents may not understand what production and use actually entail.

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A Lawyer's System for Active Reading
Active reading comprises many daily tasks lawyers engage in, including highlighting, annotating, note taking, comparing and searching texts. It demands more than flipping or turning pages.
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The Brave New World of Cybersecurity Due Diligence in Mergers and Acquisitions: Pitfalls and Opportunities
Like poorly-behaved school children, new technologies and intellectual property (IP) are increasingly disrupting the M&A establishment. Cybersecurity has become the latest disruptive newcomer to the M&A party.
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The 'Sophisticated Insured' Defense
A majority of courts consider the contra proferentem doctrine to be a pillar of insurance law. The doctrine requires ambiguous terms in an insurance policy to be construed against the insurer and in favor of coverage for the insured. A prominent rationale behind the doctrine is that insurance policies are usually standard-form contracts drafted entirely by insurers.
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Removing Restrictive Covenants In New York
In Rockwell v. Despart, the New York Supreme Court, Third Department, recently revisited a recurring question: When may a landowner seek judicial removal of a covenant restricting use of her land?
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The New York Uniform Commercial Code Comes of Age
Parties in large non-consumer transactions with no connection whatsoever to New York often choose its law to govern their transactions, and New York statutes permit them to do so. What most people do not know is that the New York Uniform Commercial Code is outdated.
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