False Statements

The Sixth Circuit On Why A False Statement Charge In A Real Estate Scheme Requires More Than Just A Misleading Check

by Matthew G. Kaiser | The Kaiser Law Firm PLLC on 4/16/2013

Bernard Kurlemann may have done many things - he borrowed millions to build a pair of houses in Mason, Ohio, for example - but he did not make a false statement to a bank....more

Canadian Food Inspection Agency Releases Guidelines for Highlighted Ingredients and Flavours

by Mark Austin, Sonia Bjorkquist, Carine Bouzaglou, Lindsay Rauccio | Osler, Hoskin & Harcourt LLP on 3/26/2013

In an era of heightened awareness regarding health and obesity, consumers are taking a much greater interest in the foods they eat. Health concerns have led to increased scrutiny of ingredients on product labels and a...more

Limiting The FCPA’s Reach — Squaring Two Recent Decisions

by Michael Volkov on 2/28/2013

You can always count on the FCPA paparazzi. When things are quiet in the FCPA world, they will take a mountain and turn it into a molehill. They have nothing better to write about; they have nothing better to focus on then...more

Deferred Prosecution Agreements: How an Effective Compliance Program Can Help You Plan for the Unpredictable

by John S. Linehan, Gina L. Simms | Ober|Kaler on 2/27/2013

During the past several years, prosecutors have increasingly used Deferred Prosecution Agreements (DPAs) against corporations in enforcing white collar criminal statutes. DPAs have enabled companies to avoid the costs and...more

"Supreme Court Holds Securities Fraud Plaintiffs Are Not Required to Prove Materiality of Allegedly False Statements to Certify a...

by Jay Kasner, Matthew Matule, Edward Micheletti, Peter Morrison, Charles Smith | Skadden, Arps, Slate, Meagher & Flom LLP on 2/27/2013

Today, in a 6-3 decision, the Supreme Court of the United States held in Amgen Inc. v. Connecticut Retirement Plans and Trust Funds that a securities fraud plaintiff alleging fraud on the market need not establish the...more

Too Big to Exclude; Too Much Wrongdoing to Ignore

by Melissa Brown, Robert Wolin | BakerHostetler on 2/26/2013

A 2007 audit initiated by a Medicare Program Safeguard Contractor (PSC) discovered that a North Carolina provider had a high incidence of inpatient billings for patients who did not stay in the hospital overnight. The PSC's...more

Short Wins - Three Odd Cases

by Matthew G. Kaiser | The Kaiser Law Firm PLLC on 2/25/2013

Three odd cases were decided last week in the federal circuits....more

Re-Publishing a Third-Party’s Unbiased Endorsement Can be Perilous

by Shep Davidson | Burns & Levinson LLP on 2/22/2013

It should come as no surprise that making a false statement about a competitor’s product or service is actionable. Similarly, albeit slightly less obvious, repeating a false statement that someone else makes about a...more

Legal Alert: Better Luck Next Time? Trial Judge Rejects RICO Claim Against Innovatio IP Ventures, Wireless Hot Spot NPE

by Ann Fort, Malvern Griffin III, Jeremy Spier | Sutherland Asbill & Brennan LLP on 2/8/2013

For those interested in the unique legal issues presented by the licensing and litigation efforts of non-practicing entities, the Chicago-based litigation involving non-practicing entity Innovatio IP Ventures, LLC, has...more

It's Hard To Lie (Though Not For The Reason You Think); Or You Haven't Made A False Statement If The Statement You Made Isn't...

by Matthew G. Kaiser | The Kaiser Law Firm PLLC on 2/7/2013

Daniel Castro was a high-ranking person in the Philadelphia Police Department. And the Third Circuit's opinion in his case - United States v. Castro - may just be the most awesome published opinion I've seen in months....more

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