The First Circuit, in a closely watched securities case, reversed a $93 million summary judgment ruling for the Securities and Exchange Commission this April. ...more
5/1/2025
/ Causation ,
Corporate Counsel ,
Disgorgement ,
Failure To Disclose ,
Investment Adviser ,
Investment Advisers Act of 1940 ,
Materiality ,
Revenue Sharing ,
Reversal ,
Securities and Exchange Commission (SEC) ,
Securities Litigation ,
Securities Regulation ,
Summary Judgment
The Supreme Court refusing to hear a case is nothing new, but an otherwise run-of-the-mill denial of the cert petition in Franklin v. New York, 604 U.S. ____ (2025) was accompanied by statements from Justices Alito and...more
3/27/2025
/ Appeals ,
Confrontation Clause ,
Constitutional Challenges ,
Criminal Prosecution ,
Due Process ,
Evidence ,
Hearsay ,
Judicial Authority ,
Petition for Writ of Certiorari ,
SCOTUS ,
Statutory Interpretation
On March 21, the Supreme Court announced its opinion in Thompson v. United States, reversing the Seventh Circuit and holding that 18 U.S.C. § 1014's prohibition on making "any false statement" does not extend to misleading,...more
Recently, the Securities and Exchange Commission announced the creation of a Cyber and Emerging Technologies Unit (CETU), a group of 30 fraud specialists and attorneys spread across the SEC's offices around the country to...more
If you tell your partner that you spent $100 on a rare bobblehead for your office, when the full price was actually $1,000, have you said anything false? Literally, you did spend $100; you just spent another $900 as well....more
Important False Claims Act cases are slated to be decided in 2025, impacting clients across industries that contract with the government—from healthcare to defense. Additionally, the second Trump Administration released an...more
In October 2024, the Department of Justice (DOJ) and the Securities and Exchange Commission (SEC) announced settlements with Raytheon Company, a division of multinational defense contractor RTX, over defective pricing and...more
2/3/2025
/ Arms Export Control Act ,
Compliance ,
Corporate Misconduct ,
Defense Sector ,
Deferred Prosecution Agreements ,
Department of Justice (DOJ) ,
Enforcement Actions ,
Export Controls ,
False Claims Act (FCA) ,
Federal Contractors ,
Foreign Corrupt Practices Act (FCPA) ,
ITAR ,
Raytheon ,
Securities and Exchange Commission (SEC) ,
Whistleblowers ,
White Collar Crimes
When you use your cellphone to search for businesses near you, you may opt into data collection about your location with an accuracy of within a few hundred feet. Often, unless you affirmatively opt out later, that data...more
1/28/2025
/ Consent ,
Constitutional Challenges ,
Data Collection ,
Data Privacy ,
Fourth Amendment ,
Law Enforcement ,
Location Data ,
Opt-Outs ,
Personal Data ,
Privacy Concerns ,
Privacy Laws ,
Tracking Systems ,
Web Tracking
On November 21, 2024, a federal District Court judge in the Northern District of Texas found the Securities and Exchange Commission (SEC) acted without lawful, statutory authority in creating its new Dealer Rule....more