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Unanimous Supreme Court Decision Allows for Early Challenges to Federal Agency Enforcement Actions

On April 14, the Supreme Court unanimously held that federal district courts have jurisdiction to review constitutional challenges to the structures of the Federal Trade Commission (FTC) and Securities and Exchange Commission...more

SEC Settlement With McDonald's and Ex-CEO Signals Potential Expansion of Executive Compensation Disclosure Requirements

On January 9, the Securities and Exchange Commission (SEC) announced that it had reached a settlement with McDonald’s and its former CEO, Stephen Easterbrook, for charges stemming from McDonald’s 2019 termination of...more

SEC's Enforcement Results for FY 2022 Reflect Robust Enforcement and Record-Breaking Penalties

On November 15, the U.S. Securities and Exchange Commission (SEC) announced its enforcement results for fiscal year 2022, which featured the following key metrics...more

FinCEN Implores Vigilance From Financial Institutions in Anticipation of Attempted Russia Sanctions Evasion

Following the significant sanctions and other restrictions imposed by the United States and its global allies resulting from the Russian Federation's invasion of Ukraine, the Financial Crimes Enforcement Network (FinCEN)...more

Revised PhRMA Code Responds to OIG Special Fraud Alert on Speaker Programs

Pharmaceutical Research and Manufacturers of America (PhRMA) recently announced revisions to its voluntary “Code on Interactions with Health Care Professionals” (HCPs), which will take effect January 1, 2022. These revisions...more

Two Opinions Broaden the Scope of Liability and Strip Defenses Under Pennsylvania’s Unfair Trade Practices and Consumer Protection...

In the span of just a few weeks, both the Pennsylvania Supreme Court and the U.S. Court of Appeals for the Third Circuit issued decisions significantly expanding liability under Pennsylvania’s Unfair Trade Practices and...more

DOJ’s Robust 2020 Pandemic Response Signals Increasing Focus on COVID-19-Related Fraud in 2021

Why It Matters - As evidenced in the recently published 2020 Year in Review Report (Report), the Department of Justice’s Fraud Section (Fraud Section) demonstrated its resilience despite the COVID-19 pandemic, as well as its...more

FINRA Publishes New Annual Report on FINRA’s Examination and Risk Monitoring Program

Why It Matters - The 2021 Report on FINRA’s Examination and Risk Monitoring Program serves as an authoritative resource for member firms to evaluate and, where necessary, enhance their compliance programs and operations...more

A Difference of Opinion Remains: The Third Circuit's Rejection of an "Objective Falsity" Requirement for FCA Liability Stands...

The Supreme Court denied a closely watched petition to review the Third Circuit’s decision in United States ex rel. Druding v. Care Alternatives, a False Claims Act (FCA) case that created a circuit split around whether and...more

Borrower Beware: First False Claims Act PPP Loan Fraud Settlement Signals More to Come

The Department of Justice (DOJ) entered into its first civil settlement for loan fraud involving the Paycheck Protection Program (PPP). On January 12, the U.S. Attorney’s Office for the Eastern District of California...more

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