Marvin G. Pickholz

Marvin G. Pickholz

Duane Morris LLP

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Second Circuit Shifts Burden of Showing Assets to Defendants; Clarifies Monsanto Decision

Both civil and criminal agencies charged with enforcing U.S. laws have turned increasingly to broad based use of "asset freeze orders." Legal counsel and their clients should understand the issue, particularly as there is a...more

6/21/2013 - Attorney's Fees Burden-Shifting Forfeiture Frozen Assets Monsanto SCOTUS

U.S. Supreme Court Lowers the Bar for Class Certification in Private Securities Fraud Actions

On February 27, 2013, the U.S. Supreme Court issued its opinion in Amgen, Inc. v. Connecticut Retirement Plan and Trust Funds, 568 U.S. ___ (2013), resolving a conflict among the Courts of Appeals "over whether district...more

3/6/2013 - Amgen Inc. v Connecticut Retirement Plans Class Action Class Certification Fraud Fraud-on-the-Market SCOTUS

Use It or Lose It: U.S. Supreme Court Holds the SEC Must Bring Civil Enforcement Actions Within Five Years of Wrongful Conduct

On February 27, 2013, the United States Supreme Court put a stop to the Securities and Exchange Commission's (SEC) practice of bringing civil enforcement actions outside the five-year statute of limitations. In an opinion by...more

3/1/2013 - Civil Monetary Penalty Discovery Rule Gabelli v SEC SCOTUS SEC Securities Securities Fraud Statute of Limitations

Recent Federal False Claims Act Decision Undermines Attorney-Client Privilege over Certain In-House Counsel Emails

A federal magistrate judge's recent decision in United States ex rel. Baklid-Kunz v. Halifax Hospital Medical Center, a Civil False Claims Act (“FCA”) case pending in the United States District Court for the Middle District...more

12/11/2012 - Anti-Kickback Statute Attorney-Client Privilege Corporate Counsel False Claims Act Stark Law

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