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Features
<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
Royal Dutch Shell and Eni Head to Trial over Nigeria Corruption Allegations
Columns & Departments
Keppel Settles Bribery Charges in the U.S., Singapore, and Brazil
Features
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
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.
Columns & Departments
Discussion of two major rulings out of Georgia and New York.
Features
<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.
Columns & Departments
A rare ruling provides insight into the narrow scope that the attorney-client privilege and attorney work product privilege are afforded in criminal investigations.
Columns & Departments
A look at a case involving the Paradise Papers.