Features

Takeaways from the Swift End to <i>Waymo v. Uber</i>
The details might not be quite as dramatic as they were in <i>Waymo v. Uber</i>, but lawyers expect trade secrets to continue to be a fertile source for litigation.
Features

The National Opioid Epidemic: The Emergence of a Multi-Layered Approach
On Oct. 26, 2017, Eric D. Hargan, Acting Secretary of the Department of Health and Human Services, announced that, as a result of the opioid epidemic, “a public health emergency exists nationwide.” As a result, counties, states and the federal government have mounted an attack on the pharmaceutical industry.
Features

Five Ways to Eliminate the Need for a Corporate Monitor
Government-imposed corporate monitors — once a rare occurrence in the U.S. — are now commonplace, not only with domestic regulators, but also with regulatory agencies in various other countries, in connection with enforcement proceedings and prosecutions for criminal offenses such as anti-corruption violations and other misconduct.
Features

The False Claims Act Sealing Orders
<b><i>What They Say and Do Not Say</b></i><p><b><i>Part Three of a Three-Part Article</b></i><p>The question remains: Is the defendant in a False Claims Act matter barred from discussing the case, as are the relator and the government?
Columns & Departments
In the Courts
Royal Dutch Shell and Eni Head to Trial over Nigeria Corruption Allegations
Columns & Departments
Business Crimes Hotline
Keppel Settles Bribery Charges in the U.S., Singapore, and Brazil
Features

<i>Ganek v. Leibowitz</i> and a Proposal to Reform Search Warrant Procedure
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.
Features

DE Courts Uphold Strict Limitations on Liability for Oversight Claims
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.
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