Scott Resnik

Scott Resnik

Katten Muchin Rosenman LLP

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Fee Advancement Considerations Arise From Recent Delaware and Third Circuit Decisions

Recent decisions by the US Court of Appeals for the Third Circuit and the Delaware Court of Chancery have raised important issues regarding fee advancement bylaws or policies of Delaware corporations. Please see full...more

7/21/2015 - Appeals Attorney's Fees Board of Directors Bylaws C-Suite Executives Contract Drafting Corporate Officers Criminal Prosecution Delaware General Corporation Law Goldman Sachs Indemnification Clauses Insider Trading

The Sixth Circuit Reins in the Government's Measure of False Claims Act Damages

Pharmaceutical and device companies, financial institutions, government contractors, oil and gas conglomerates, and other public and private entities continue to be in the crosshairs of aggressive federal government...more

5/19/2015 - Chief Compliance Officers Defense Strategies DOJ Enforcement False Claims Act Federal Contractors Financial Institutions Manufacturers Pharmaceutical Manufacturers Whistleblowers

Developments in White Collar Criminal Enforcement: The Government Remains Aggressive, and the Courts' Reaction Is Mixed

The first quarter of 2015 witnessed a continuing effort by government lawyers to push the boundaries of criminal statutes in white collar cases—from health care fraud to corporate misconduct and beyond. Two recent cases...more

4/6/2015 - Anti-Kickback Statute Healthcare Healthcare Fraud Home Health Care Medicare Patient Referrals Physicians White Collar Crimes

SDNY Dismisses False Claims Act Complaint, Finding Relators Misconstrued Medicaid Program Legal Framework

A False Claims Act case against the New York City Department of Education (NYCDOE) was dismissed on March 25, the district court holding that Medicaid providers (such as school districts that provide health services) cannot...more

4/14/2014 - DOJ False Claims Act Healthcare Medicaid Public Schools School Districts

SDNY Holds No Attorney-Client Privilege Applies to Communications With In-House Legal Department in China

A US District Court in the Southern District of New York recently ordered Bank of China Limited (BOC) to produce thousands of documents that the court found not to be protected by the attorney-client privilege or work-product...more

12/16/2013 - Attorney-Client Privilege China Confidential Communications Corporate Counsel

Gruss v. Zwirn: SDNY Strikes a Blow Against Selective Waiver

On November 20, 2013, US District Judge Paul G. Gardephe of the US District Court for the Southern District of New York issued a decision with potentially significant consequences for attorneys conducting internal...more

12/9/2013 - Attorney-Client Privilege Compliance Corporate Counsel Internal Investigations SEC Selective Waivers

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