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Service of Subpoenas on Syracuse University Seeking Evidence of Sexual Molestation is a “Claim” Giving Rise to Covered Defense...

In Syracuse University v. National Union Fire Insurance of Pittsburgh, PA, No. 2012EF 63 (Sup. Ct., Onondaga County, January 29, 2013), the New York Supreme Court, County of Onondaga, held that an insured’s costs incurred in...more

Courts Diverge on the Reach of Personal Jurisdiction in FCPA Cases Against Foreign Defendants

Last month, two federal judges in the Southern District of New York reached differing conclusions about the minimum contacts required for U.S. courts to exercise personal jurisdiction over foreign defendants in civil...more

Looking Back on Appeals That Made a Difference

Originally published in the New York Law Journal on March 6, 2013. Almost 50 years have elapsed between my first and most recent appearance before the New York Court of Appeals and a recent LEXIS search shows I...more

Limiting Intra-Company Conversations About Disputes is Critical

When an employee talks to in-house or outside counsel for the purpose of obtaining legal advice for the company, that communication will be privileged and can be protected from disclosure. Likewise, when in-house counsel is...more

Two Recent Decisions Provide Rare Guidance on the FCPA’s Reach Over Foreign Nationals

Two recent district court decisions have shed light on the reach and scope of the U.S. Foreign Corrupt Practices Act (FCPA) over foreign nationals: SEC v. Straub and SEC v. Sharef. For companies and individuals operating...more

Getting the Deal Through – Cartel Regulation 2013: Global Overview and United States

Global Overview: Continued aggressive cartel enforcement in 2012 Authorities around the world continued to vigorously enforce cartel law in 2012. Total fines increased in many jurisdictions, and authorities around the...more

Second Circuit Holds First Amendment Bars Conviction Based Solely on Off-Label Promotion of FDA-Approved Drug

In its long-awaited decision in United States v. Caronia, the Second Circuit ruled today that the First Amendment bars the criminal prosecution of pharmaceutical manufacturers or their sales representatives for truthful,...more

Global Connection - November 2012

In This Issue: - Editor’s Letter - Please Tell Me How This Ends: Determining a Client’s Status in a Grand Jury Investigation - ITC Section 337 Practice: Beyond Patent Infringement - Conference Highlights —...more

Orrick's Policy Observer - October 2012

The Observer highlights significant developments in insurance recovery and risk management. In This Issue: - State of California v. Continental Insurance: Opinion Holds Insurers to Their Words - Sixth Circuit...more

No Duty to Defend Wrongful Death Action Where Death Was Classified as a Homicide

In Galvani v. Tokio Marine and Nichido Fire Ins. Co., Ltd., 2012 WL 2568220 (N.D. Cal. July 2, 2012), the district court entered summary judgment for a homeowner’s insurer on the grounds that it had no duty to defend an...more

EU’s Highest Court Rejects Schenker’s Application For Intervention in Air-Cargo Cartel Appeals

The European Court of Justice (ECJ) in Schenker AG v Commission C-602/11 P confirmed on 20 June 2012 a judgment by the General Court rejecting an application by Schenker (a subsidiary of Deutsche Bahn) for intervention in the...more

Baker & McKenzie: Creating and protecting legal privilege

What you need to know in the context of anti-corruption corporate compliance Companies recognise that they must assess and manage risk in relation to bribery and corruption compliance; the question is, how to do so...more

Ten Things to Do When Your Company Receives a DOJ Grand Jury Subpoena

You have just received notice of a grand jury subpoena duces tecum from the Department of Justice Antitrust Division in connection with a price-fixing investigation. (The likelihood of doing so may be on the rise. In 2008,...more

Parallel IRS Investigations Have Returned After a 35-Year Hiatus

Danger is lurking in the world of Internal Revenue Service audits, namely, parallel investigations. Parallel investigations by the IRS are simultaneous civil and criminal investigations of an individual or business entity,...more

RI Court Holds No Coverage for Criminal Proceedings Involving Nightclub Tragedy

In its recent decision in Derderian v. Essex Insurance Company, 2012 R.I. LEXIS 54 (R.I. Apr. 27, 2012), the Supreme Court of Rhode Island had occasion to consider whether under a general liability policy, an insured was...more

Pro Te Solutio - Vol. 5 No. 2, March 2012

In This Issue: - 2 In the Line Of Fire: Recent FCPA Enforce- ment Efforts - 8 The New FDA Guidance On Foreign Clinical Trials - 22 A Bridge To Nowhere: RICO Fraud Consumer Class Actions Excerpt from...more

Prosecutorial misconduct stymies Department of Justice in FCPA trials

In a stunning conclusion to the U.S. Department of Justice’s first guilty jury verdict against a corporation under the Foreign Corrupt Practices Act (FCPA), the U.S. District Court, Central District of California...more

Construction OberView: "Objection, Privilege": Protecting the Attorney-Client Relationship amidst the Shifting Sands of False...

“Men must turn square corners when they deal with the Government.” – Justice Oliver Wendell Holmes, Jr. With the Government’s prosecution of False Claims Act (“FCA”) and Contract Disputes Act (“CDA”) violations on the...more

Austin Trade Compliance Roundtable: Country of Origin Determination/Certificates of Origin -- Legal Issues & Consequences

In This Presentation: Country of Origin: Country of Origin determinations for goods/products may affect duty rate, but it’s only 1 factor of many; Availability of special programs; Admissibility & enforcement of...more

Illinois Rules of Evidence

2011 Illinois Rules of Evidence contrasted with the 2010 Federal Rules of Evidence

A color-coded guide containing the new Illinois Rules of Evidence, the Committee's General and Specific comments, A comparison with the Federal Rules of Evidence and additional commentary....more

Government Puts In-House Counsel in its Cross-Hairs

Confirming recent statements by Department of Justice (“DOJ”) and Food & Drug Administration (“FDA”) officials that the government will increasingly target individual executives for criminal prosecution, DOJ has indicted a...more

Legal Aspects of Software Piracy

Legal Aspects of software piracy this is an article appeared in Dataquest September Magazine...more

EnviroBrief Newsletter

In this Issue: *REACH Registration Process Remains Challenging For Those Doing Buisness In or With the EU *USEPA Region 7 General Counsel Shares Agency Priorities *Ninth Circuit Affirms Conviction of Corporate Officer...more

Sentinel: Global News of Relevance To Entities & Individuals Engaging In Export, Customs & Trade - Spring 2010, Vol. VII, No. 2

IN THIS ISSUE: - Reading, Writing, and Export Control: Lessons Learned from Professor Roth — Page 2 - Conducting Discovery in the United States for Cases Pending Abroad — Page 4 - The Evolution of the FCPA’s ‘Knowledge’...more

Fighting Off-Label Qui Tam Suits: Have Federal Courts Encouraged Filing Of Speculative FCA Claims?

Pharmaceutical and medical device companies that would like to discuss off-label uses of their FDA approved products with health care professionals face a treacherous path paved with substantial uncertainty, including the...more