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The Impact of the Supreme Court’s Recent Halliburton Decision on Securities Litigation

On June 23, 2014, the Supreme Court issued its long-awaited decision in Halliburton Co. v. Erica P. John Fund, Inc. In Halliburton, the Court declined to overrule Basic v. Levinson, but rather imposed limitations on the...more

7/17/2014 - Basic v Levinson Class Certification Fraud Fraud-on-the-Market Halliburton Halliburton v Erica P. John Fund Presumption of Reliance SCOTUS Securities Fraud

FDA Promises Guidance on Lawful Off-Label Promotion

In June, the U.S. Food and Drug Administration (the "FDA") announced that by the end of the year, the agency would issue a draft guidance document addressing the contours of lawful and unlawful off-label promotion. The...more

7/17/2014 - Draft Guidance Enforcement FCA FDA FTC Healthcare Medical Devices Off-Label Promotion Off-Label Use Pharmaceutical SEC

Supreme Court Rejects “Presumption of Prudence” in ESOP Cases

On June 25, 2014, the Supreme Court issued a decision in Fifth Third Bancorp v. Dudenhoeffer regarding the availability of relief against fiduciaries of an employee stock ownership plan (“ESOP”) for alleged breaches of the...more

7/17/2014 - ERISA ESOP Fiduciary Duty FIfth Third Bancorp v Dudenhoeffer Fifth Third Mortgage Company SCOTUS Stock Drop Litigation US Bancorp

Appeals Court Confirms that Results of Internal Investigation are Privileged

On June 27, 2014, the United States Court of Appeals for the District of Columbia Circuit issued a decision in In re: Kellogg Brown & Root, Inc., an important ruling which confirms the application of the attorney-client...more

7/17/2014 - Appeals Attorney-Client Privilege Compliance Document Productions False Claims Act Interlocutory Appeals Internal Investigations Kellogg Brown & Root Order to Stay Work-Product Doctrine Writ of Mandamus

U.S. District Court Rules that Results of Internal Investigations Conducted in the Ordinary Course of Business are Not Privileged...

A recent decision by a federal district court raises concerns about the ability of companies to claim privilege over the results of internal investigations. In United States ex rel. Harry Barko v. Halliburton Company, et al.,...more

3/3/2014 - Attorney-Client Privilege DOD False Claims Act Federal Contractors Halliburton Interlocutory Appeals Internal Investigations Motion to Compel Qui Tam Whistleblowers

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