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Searching Content indexed under Criminal Law by Jones Day ordered by Published Date Descending.
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美国12(b)(6)规则的刑事类似物:驳回控告的司法权(英文版)
Courts routinely dismiss civil complaints for failure to state a claim but seldom dismiss criminal indictments under the analogous Criminal Rule 12 for failure to state an offense.
United States
22 Aug 2016
2
The Criminal Analogue To 12(b)(6): Judicial Power To Dismiss Indictments
Courts routinely dismiss civil complaints for failure to state a claim but seldom dismiss criminal indictments under the analogous Criminal Rule 12 for failure to state an offense.
United States
21 Jul 2016
3
Supreme Court Limits Extraterritorial Application Of RICO
On June 20, 2016, the United States Supreme Court issued a major decision restricting the extraterritorial application of the Racketeer Influenced and Corrupt Organizations Act.
United States
29 Jun 2016
4
Food Fraud: Eurojust And Member States Succeed In Stopping Illegal Horsemeat Trade
French authorities estimate that between 2010 and 2013, 4,700 horses unfit for human consumption were slaughtered and introduced into the food chain.
European Union
27 May 2015
5
Pharmacists Involved In Fungal Meningitis Outbreak Charged With Second Degree Murder
This week, the U.S. Department of Justice indicted 14 owners and senior officials of a Massachusetts pharmacy that manufactured and distributed contaminated drugs that killed 64 people in a 2012 fungal meningitis outbreak.
United States
30 Dec 2014
6
Supreme Court Decision In Halliburton II Affords Welcome Tool To Defendants
Although the business community had hoped the Court would overrule Basic v. Levinson, and the presumption of reliance it created, the Court did not go so far.
United States
1 Jul 2014
7
Issue Of Whether Government Must Allege Specific False Claims In FCA Case Predicated On Alleged Kickbacks Is Teed Up In Southern District Of New York
A motion to dismiss in United States et al. v. Novartis Pharmaceuticals Corp., 11 Civ. 0071, fully briefed as of December 23, 2013, could have significant consequences for the application of Federal Rule of Civil Procedure 9(b) to cases brought under the False Claims Act in the Southern District of New York.
United States
13 Jan 2014
8
Government Files Statement Of Interest Distinguishing "Caronia" In Off-Label Promotion False Claims Act (FCA) Case
On November 7, the U.S. Attorney's Office for the Southern District of New York filed a statement of interest in "United States ex rel. Matthew Cestra, et al. v. Cephalon, Inc., et al.",
United States
3 Dec 2013
9
Government's Annual Certification Claims Under The FCA Take A Hit In Federal Court In California In A Case Involving Individual Liability
In a recent decision, United States v. Reunion Mortgage, Inc., David Thayer and Kent Harvey, Case No. 13-02340 SBA, a federal court rejected annual certification claims, a backbone of the Department of Justice's mortgage fraud practice in recent years, in a case involving individual liability.
United States
15 Nov 2013
10
California Supreme Court Allows Parol Evidence To Prove Fraud
A recent California Supreme Court case, Riverisland Cold Storage v. Fresno-Madera Production Credit Ass'n, is causing some anxiety among financial institutions and other businesses in California.
United States
5 Mar 2013
11
Supreme Court Resolves Circuit Split On Proof Of Loss Causation At The Class Certification Stage
In Erica P. John Fund Inc. v. Halliburton Co., --- S. Ct. ----, No. 09–1403, 2011 WL 2175208, at *3 (U.S. June 6, 2011), the Supreme Court unanimously rejected the Fifth Circuit's requirement that a securities fraud plaintiff prove loss causation before a class can be certified under Rule 23.
United States
15 Jun 2011
12
Supreme Court To Consider Circuit Split On Proof Of Loss Causation At The Class Certification Stage
Conflicting opinions in the past two years from the Second, Fifth, and Seventh Circuits have created uncertainty regarding the extent to which, in a private action under Section 10(b) of the Securities Exchange Act of 1934, a plaintiff who invokes the fraud-on-the-market presumption of reliance must prove loss causation at the class certification stage in order to be able to proceed on behalf of a class.
United States
28 Apr 2011
13
Congress Reforms CFIUS Review Process
In 1988, Congress enacted the Exon-Florio amendment to the Defense Production Act of 1950, authorizing the President to investigate and block foreign acquisitions of U.S. assets that threaten national security.
United States
22 Aug 2007
14
An Overview Of Legal Risks For Distressed Claims Traders
Claims traders inhabit a world driven by information flow. Missing a vital piece of information, or receiving it too late, may cost a trader’s principals millions of dollars.
United States
23 Nov 2006
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