Jeffrey Rotenberg

Jeffrey Rotenberg

DLA Piper

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Universal Health Services: contractors take note - Supreme Court approves implied certification theory of False Claims Act...

In a unanimous ruling handed down last week, the US Supreme Court settled an existing circuit split in favor of those seeking to expand the False Claims Act’s reach by recognizing the “implied certification” theory as a valid...more

6/22/2016 - False Claims Act (FCA) False Implied Certification Theory Federal Contractors Implied Certification Material Misrepresentation Materiality Medicaid Qui Tam SCOTUS Universal Health Services Inc v United States ex rel Escobar

DC Circuit curtails judicial exercise of supervisory powers over deferred prosecution agreements

In a ruling with important implications for corporate criminal resolutions, the DC Circuit has upheld DOJ's wide prosecutorial discretion to enter into Deferred Prosecution Agreements (DPAs) with defendants - and severely...more

4/21/2016 - Aircraft Equipment Corporate Counsel Deferred Prosecution Agreements DOJ Enforcement Authority Export Controls Fokker

DOJ seeks to revamp and re-energize its prosecution of individuals: key takeaways

In the first major policy pronouncement of Attorney General Loretta Lynch’s term, the Department of Justice has instituted new guidelines intended to reshape how the Department investigates and prosecutes corporate...more

9/11/2015 - Civil Investigation Demand Corporate Management Criminal Investigations DOJ Enforcement Actions False Claims Act (FCA) Government Investigations White Collar Crimes Willful Misconduct

Letter From America: Internal investigations – a stark reminder of the dangers of failing to implement strict protocols from the...

A recent ruling in long-running civil litigation against the Bank of China (“BOC”) in the United States District Court for the Southern District of New York provides a stark reminder of the dangers of failing to develop and...more

3/13/2015 - Attorney-Client Privilege Chief Compliance Officers Demand Letter Disclosure Discovery Functional Equivalent Internal Investigations International Litigation Legal Advice Privilege People's Bank of China Work Product Privilege

United States v. Vilar: new limits on extraterritorial securities enforcement

In United States v. Vilar, the Second Circuit Court of Appeals has offered another data point in the federal courts’ ongoing efforts to define the extraterritorial reach of the federal securities laws. Although we...more

9/10/2013 - CFDA Criminal Prosecution Dodd-Frank Enforcement Extraterritoriality Rules Fraud SEC Securities Securities Exchange Act

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