News & Analysis as of

False Statements

USAOs Bring Two More Cryptocurrency Related Fraud Actions

by Dorsey & Whitney LLP on

All things cryptocurrency related continue to be significant draws for investors. Unfortunately that attraction often leads to a loss of investor cash. The losses, however, are not typically from the cryptocurrency but from...more

Podcast - Developments in FDA & DOJ Regulation and Enforcement of Manufacturer Communications

by Ropes & Gray LLP on

The rules regarding truthful, non-misleading communications by medical product manufacturers have long been unclear. In recent years, there have been significant developments in the case law, as well as in FDA guidance and...more

Southern District Of New York Dismisses Exchange Act Claims Alleging Failure To Properly Disclose Potential FCPA Violations

by Shearman & Sterling LLP on

On March 30, 2018, the United States District Court for the Southern District of New York dismissed with prejudice a class action complaint against Embraer S.A. (“Embraer” or the “Company”) and several of its officers,...more

Currents - Energy Industry Insights - April 2018

Bobby D. Fentress, et al, vs. Exxon Mobil Corporation, et al - "This is an Employee Retirement Income Security Act case alleging a breach of fiduciary duties in the management of a defined contribution plan. Defendants'...more

OnRisk: The Misrepresentation Defense

by K&L Gates LLP on

In this episode of OnRisk, K&L Gates attorneys Carolyn Branthoover and Max Louik discuss the misrepresentation defense, also known as the rescission defense, a defense that insurers have been aggressively pursuing in recent...more

District Of New Jersey Finds Defendants Failed To Rebut Fraud-On-The-Market Presumption And Certifies Class Action Against...

by Shearman & Sterling LLP on

On February 28, 2018, Judge Peter Sheridan of the United States District Court for the District of New Jersey granted class certification in an action against Aeterna Zentaris, Inc. and certain of its executives. Li V....more

Can Science Be Defamatory?

by Akin Gump - Excubitor on

After filing suit last year against several researchers and an academic journal for publishing a paper (the “C17 paper”) that disagreed with his own, engineering professor Mark Z. Jacobson has dropped his suit. In an FAQ...more

NY/NJ Port Authority Implements New FCA Policy

On January 17, 2018, the New York/New Jersey Port Authority enacted its own vigorous False Claims Policy that punishes contractors who intentionally make material false statements about work they performed or goods they...more

Chris Lazarini Comments on Jury Function in Criminal Proceeding

by Bass, Berry & Sims PLC on

Bass, Berry & Sims attorney Chris Lazarini commented on a case in which a defendant – convicted in a criminal proceeding of knowingly and willfully making false statements to investors, regulators, an outside accountant and...more

Chris Lazarini Provides Insight on "Remmer Hearing" in Juror Influence Allegations

by Bass, Berry & Sims PLC on

Bass, Berry & Sims attorney Chris Lazarini provided insight on a case in which a former broker sought to overturn a jury verdict finding him guilty of securities fraud, obstruction of justice and wire fraud by arguing, among...more

Tennessee Company Skirts Customs Obligations, Pays $500,000 FCA Penalty

by Bass, Berry & Sims PLC on

This Post at a Glance - - Company made false statements related to import duty charges - Investigation initiated by whistleblower complaint from company’s competitor - Trump Administration likely to impose...more

Food and Beverage Law Update: February 2018

by Holland & Knight LLP on

Deceptive Trade Practices - Meat Exporter Had No Duty Under FCA to Pay for Beef Inspection - In United States ex rel. Barrick v. Parker-Migliorini Int'l, LLC, 878 F. 3d 1224 (10th Cir. 2017), the court affirmed...more

Obstruction of Justice: It's not the Crime, it's the Cover-up

by Ward and Smith, P.A. on

The familiar saying that "it's not the crime, it's the cover-up" is well-worn for a reason. Obstructive behavior or false statements can land defendants in hot water regardless of the substance of the government's underlying...more

Question Mark Leaves Court Questioning Defamation Claim

Demonstrating the power of punctuation, actor James Woods dodged a Twitter defamation suit after a federal court judge found that his use of a question mark meant his tweet was not a false statement of fact and merely invited...more

11th Circuit Affirms Dismissal of Defamation Claim Against Law Firm for Its Internal Investigation

by Akin Gump - Excubitor on

In a decision is sure to assuage the concerns of those engaged in conducting internal investigations, the 11th Circuit ruled last month that the law firm authors of an investigative report on the culture within a professional...more

SEC Files Another Action Centered on Trading in Opaque Markets

by Dorsey & Whitney LLP on

The Commission filed another action centered misrepresentations made in opaque trading markets for mortgage backed securities. Unlike its earlier actions in this area, however, the case settled simultaneous with filing....more

U.S. Subsidiary Of Dutch Bank Pleads Guilty To Allegations That It Conspired To Obstruct OCC Examination Of AML Program

by Shearman & Sterling LLP on

On February 7, 2018, Dutch bank Rabobank’s U.S. subsidiary pleaded guilty to conspiring to impair, impede, and obstruct a review by the Office of the Comptroller of the Currency (“OCC”) of the bank’s anti-money laundering...more

Virginia Attorney General Announces Settlement with Online Lender, Resulting in $2.7 Million in Relief to Virginia Consumers

by Goodwin on

?On February 7, 2018, Virginia Attorney General Mark R. Herring (Virginia AG) announced a settlement with a Virginia based online lender for alleged violations of the Virginia Consumer Protection Act. The lender allegedly...more

Red Notice Newsletter - Russian

ANTICORRUPTION DEVELOPMENTS - Mega International Commercial Bank Co. Ltd. Fined $29 Million - On January 17, 2018, the U.S. Federal Reserve Board assessed Taiwan based bank Mega International Commercial Bank Co. Ltd. a...more

Red Notice Newsletter - Chinese

ANTICORRUPTION DEVELOPMENTS - Mega International Commercial Bank Co. Ltd. Fined $29 Million - On January 17, 2018, the U.S. Federal Reserve Board assessed Taiwan based bank Mega International Commercial Bank Co. Ltd. a...more

11th Circuit Affirms Dismissal of Ex-NFL Coach's Defamation Action

by Ballard Spahr LLP on

A federal appeals court has ruled that a former Miami Dolphins coach—accused of bullying a player—did not have a valid defamation claim against a law firm that investigated the team's locker room culture....more

The Constitutionality of Criminalizing False Speech Made on Social Networking Sites in a Post-Alvarez, Social Media-Obsessed World

by WilmerHale on

The emergence of social media led to profound changes in the way we interact with technology and each other. Every day — often without thinking — we use social media platforms for myriad purposes, including to keep family and...more

Red Notice Newsletter - January 2018

ANTICORRUPTION DEVELOPMENTS - Mega International Commercial Bank Co. Ltd. Fined $29 Million - On January 17, 2018, the U.S. Federal Reserve Board assessed Taiwan based bank Mega International Commercial Bank Co. Ltd....more

U.S. Environmental Protection Agency Office of Criminal Enforcement, Forensics and Training: Environmental Crimes Case Bulletin –...

The United States Environmental Protection Agency (“EPA”) Office of Criminal Enforcement, Forensics and Training publishes an environmental Case Crimes Bulletin (“Bulletin”) that summarizes publicized investigative activity...more

When Scientists Sue

by LeClairRyan on

Mark Jacobson, who alleges that he is a “renowned scientist,” along with three co-authors, publishes a paper in the Proceedings of the National Academy of Sciences journal. The Jacobson paper posits that a large-scale US...more

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Cybersecurity

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