In This Issue: - District of New Jersey Stays Medical Malpractice Suit Pending Arbitration: Finding that a dispute between a medical malpractice insurer and a reinsurance underwriter fell squarely within the...more
5/24/2013 - Discovery Late Notices Medical Malpractice Motion to Compel Motion To Reconsider Reinsurance Reporting Requirements Sunset Provisions
In This Issue: - Assignment of Right to Collect on Reinsurance Treaty Held Not to Include Underlying Arbitration Clause: On February 25, 2013, the United States District Court for the Northern District of...more
4/24/2013 - Arbitration Arbitration Agreements Assignments Late Notices Reinsurance Removal Treaties
The Seventh Circuit recently ruled that under the False Claims Act (“FCA”) treble damages should be calculated by the net amount of loss suffered by the government (after appropriate setoffs or credits are deducted) rather...more
4/24/2013 - False Claims Act Misrepresentation Mortgages Net Trebling Settlement Treble Damages
In This Issue: - Third Circuit Panel Liberalizes “Protected Activity” Immunity for Employees Claiming Whistleblower Status - Doing Time: A Requirement for White Collar Crime? - Casting a Smaller Net:...more
4/23/2013 - CMS Continuing Medical Education Financial Conduct Authority Fraud GPOs Protected Activity Publicly-Traded Companies Sarbanes-Oxley Settlement Shareholders Sunshine Act Transparency Whistleblower Protection Policies Whistleblowers White Collar Crimes
The Supreme Court recently rebuffed an attempt by the U.S. Securities and Exchange Commission (“SEC”) to gain more time to file actions to enforce civil penalties by invoking the “discovery rule.” In the case of Gabelli vs....more
3/25/2013 - Discovery Rule Gabelli v SEC SCOTUS SEC Statute of Limitations
In This Issue: - Eleventh Circuit Holds that Production of Foreign Bank Account Records May be Compelled in Criminal Investigation Under Required Records Exception to Fifth Amendment Privilege - Supreme Court...more
3/22/2013 - Discovery DOJ Fifth Amendment Foreign Financial Accounts Honest Services Fraud Illegal Gratuities Motion to Compel Off-Label Promotion Records Exception SCOTUS SEC Statute of Limitations
In This Issue: - New York Court of Appeals Reverses Decision Requiring Reinsurers to Follow the Fortunes on Asbestos Settlement Where There Were Questions of Fact With Respect to Reasonableness of Reinsured’s...more
3/19/2013 - Amended Complaints Arbitration Arbitration Agreements Follow-the-Fortunes Clause Reinsurance Settlement
In This Issue: Federal Court in Wisconsin Holds That It Lacks Jurisdiction to Address Disqualification of Counsel in Arbitration The United States District Court for the Western District of Wisconsin declined to...more
1/29/2013 - Arbitration Disqualification Jurisdiction National Casualty Co. PHL Variable Insurance Company Reinsurance Reinsurance Group of America Standing U.S. Bank National Association Utica Mutual Insurance Co.
On January 8, the Supreme Court of the United States heard oral arguments in Gabelli v. S.E.C., 133 S. Ct. 97 (2012) on the question: By when must the government initiate an action to enforce a civil fine, penalty, or...more
1/25/2013 - Civil Monetary Penalty Discovery Rule Enforcement Fines Forfeiture Fraud Gabelli v SEC IRS SCOTUS SEC Securities Fraud Statute of Limitations White Collar Crimes
In This Issue: - Death and Taxes? Recent Supreme Court Arguments in Gabelli v. SEC Concerning a General Statute of Limitations for Civil Fines May Also Affect How Long the IRS Has to Assess Penalties - Avoiding...more
1/23/2013 - Attorney-Client Privilege Discovery Rule Environmental Crimes EPA Fines Fraud Gabelli v SEC IRS Payroll Taxes Penalties Plea Negotiations Responsible Person Liability SCOTUS SEC Selective Waivers Statute of Limitations White Collar Crimes
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