What Does the Supreme Court Ruling in Alice v. CLS Mean to a Software Entrepreneur?
Two-Pronged Approach to Defending Lawsuits – Interview with Dominic Picca, Member, Mintz Levin
Class Action Litigation Reform – Interview with Dan Pascucci, Member, Mintz Levin
Arbitration - An Alternative to Litigation for Dispute Resolution
Elmo Sex Scandal: More Accusers May Come Forward, Says Lawyer
Newtown Shootings Could Give Rise to More Litigation, Says Pinsky
Whalen: Go Back To The Future To Fight Fraud With Equity Receivers
Last week, the Securities and Exchange Commission (SEC) issued an order awarding three whistleblower awards to tipsters who helped the SEC with its enforcement action against Locust Offshore Management, LLC and its CEO Andrey...more
The liability of officers and directors of corporations for unpaid wages to employees is not a new concept. The Employment Standards Act, 2000 (ESA) in Ontario also provides for fines that can certainly drive the intended...more
The government’s ever-evolving response to the United States financial crisis has come full circle, as civil Justice Department Attorneys seek to rely on legislation enacted to protect financial institutions from fraud to sue...more
Originally published in InsideCounsel.com on August 23, 2012.
How Can a Victim Obtain Relief Through Forfeiture?
Forfeited property generally goes to the government to spend in whatever manner it sees fit. However...more
Originally published in InsideCounsel.com on August 9, 2012.
As the recent economic crisis has shown, individuals are not the only victims of financial crimes. Corporations, hedge funds, private equity companies, pension...more
Originally published in InsideCounsel.com on July 25, 2012.
Introduction - Intellectual property crimes are on the rise because they are highly lucrative and historically there has been little criminal enforcement...more
Last month, in a potentially significant but largely overlooked development, the Department of Justice ("DOJ") signaled that it would "increasingly" pursue "innovative, non-monetary measures" when it settles civil fraud...more
Today we begin a new feature for Appellate Strategist -- detailed previews of civil cases just granted review in the latest term of the Illinois Supreme Court. This week we will review the late May grants, and the feature...more
In its recent decision in Federal Ins. Co. v. Sandusky, 2012 U.S. Dist. LEXIS 76880 (M.D. Pa. June 4, 2012), the United States District Court for the Middle District of Pennsylvania had occasion to consider whether a D&O...more
Advancements in technology have made fraudulent schemes easier to perpetrate, and have allowed criminal activity to expand in both quantity and nature. Today, corporate fraud is limited only by the creativity of the...more
We have received several inquires regarding H.R. 3531, a bill that was recently introduced in the U.S. House of Representatives to amend the Foreign Corrupt Practices Act ("FCPA") to permit private suits against certain...more
Originally published in Executive Counsel, December 2011/January 2012.
If litigating a lawsuit about compensation issues is a lot like doing a "dig" at an archeological site, the options back-dating scandal was a...more
Corporations Code Section 25400 is California’s anti-market manipulation statute. The statute copied clauses (1) through (5) of Section 9(a) of the Securities Exchange Act of 1934 and declares unlawful specified actions...more
The Bribery Act comes into force on 1 July 2011. It brings into force an entirely new offence of the failure of a commercial organisation to prevent bribery. The only defence is to have in place adequate procedures to...more
In This Issue:
- Recent Prosecutions Reflect Heightened Focus by Regulators on Individual Liability of Healthcare Executives
- HHS Proposes to Allow State Data Mining for Medicaid Fraud
- Eleventh Circuit...more
RUDE AWAKENINGS: DAWN RAIDS ON THE TCHENGUIZ BROTHERS – UNDERSTANDING THE COURTS' POWER TO AUTHORISE SEARCH ORDERS
As part of the SFO's investigations into the 2008 collapse of Kaupthing Bank, over 130 police officers...more
In this article I am dealing with the liability of directors on cheque bounce under section 138 of the Negotiable Instruments Act. Whether all directors of the Company are liable under section 138, and what happens to the...more
A brief introduction to how the Bribery Act 2010 will affect commercial organisations and the steps that they need to take now to minimise their risk....more
The FDIC is actively going after the directors and officers of failed financial institutions. Apparently fraud and malfeasance, coupled with ignorance and greed,are the predominant causes of action. This article not only...more
Careful reading of the Section 138 of the Negotiable Instruments Act, 1881 provides the steps that is required to be followed with regard to the dishonor of the cheque for insufficiency, etc., of funds in the account....more
In This Issue:
The Sarbanes-Oxley Act provides whistleblower protection to certain employees who report wrongdoing by a publicly-traded company; A federal district court in Massachusetts has held that Sarbanes-Oxley...more
Companies face serious challenges when a terrible accident has happened (including substantial civil exposure). In the recent Life Care Centers decision, the Massachusetts SJC has rejected the "aggregation" theory of...more
In Securities & Exchange Commission v. Jenkins, No. CV-09-1510-PHX-GMS, 2010 WL 2347020 (D. Ariz. Jun. 9, 2010), the United States District Court for the District of Arizona held that the responsibility of a CEO under Section...more
In the United States there are more than 1,800 state and federal correctional facilities and more than 420 privately operated facilities. Of these, about 83%, some 1,500, are accredited by the American Correctional...more
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