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Standing After Neale: Third Circuit Clarifies Jurisdictional Standing And Predominance Analysis In Consumer Class Actions
The Court of Appeals for the Third Circuit addresses federal jurisdiction, Article III standing, and scrutiny of class certification motions in the putative consumer fraud class action lawsuit against Volvo.
United States
3 Aug 2015
NJ Appellate Division Refuses Ascertainability Analysis In "Low-Value" Consumer Class Actions
New Jersey's Appellate Division has made clear that low value consumer fraud class actions pending in its state courts are not subject to an ascertainability analysis.
United States
29 May 2015
SEC Enforcement Division Outlines Focus For 2015
The Enforcement Division is developing new technology tools to enable it to more effectively discover and prosecute securities fraud.
United States
2 Apr 2015
SEC FCPA Enforcement Action Against Goodyear And Investigation Of Mondelez International Provide Valuable Lessons For U.S. Companies Seeking To Acquire Foreign Entities
On February 24, 2015, the Securities and Exchange Commission issued an Order settling an administrative proceeding that charged Goodyear Tire & Rubber Company with violating the Foreign Corrupt Practices Act.
United States
19 Mar 2015
Yates v. United States: Supreme Court Reins In Sarbanes-Oxley Act’s "Anti-Shredding" Provision
The implications of the Court's decision are significant, and the certainty provided by the Supreme Court is welcome.
United States
11 Mar 2015
FCPA Opinion Emphasizes Need For Comprehensive Due Diligence Ahead Of Foreign Acquisitions
In November 2014, the United States Department of Justice issued an Attorney General Opinion with respect to the enforcement of the Foreign Corrupt Practices Act.
United States
18 Feb 2015
Court Decisions In The U.S. And China Bolster Law Enforcement's Ability To Prosecute Global Corporate Corruption
Given the aggressive anti-corruption investigations in the U.S. and abroad, companies are well advised to adequately develop and implement a robust compliance program...
United States
25 Oct 2014
SEC FCPA Settlement Sends Wake-Up Call To Small And Medium-Sized Businesses
Smith & Wesson Holding Corp. agreed to resolve charges brought by the Securities and Exchange Commission for violations of the Foreign Corrupt Practices Act.
United States
28 Aug 2014
Brazil’s New Anti-Bribery Act Goes Into Effect In January 2014—Is Your Company Ready?
Brazil's stringent new anti-bribery law, the "Clean Companies Act,"1 takes effect on January 29, 2014 and will, for the first time, subject Brazilian and multinational companies operating in Brazil to severe civil and administrative sanctions for bribing domestic or foreign government officials.
United States
19 Dec 2013
New York City's Paid Sick Leave Law
New York City's Earned Sick Time Act is tentatively scheduled to take effect in April 2014.
United States
27 Aug 2013
FBAR Reminder: Foreign Bank Account Disclosure Deadline Is June 28, 2013
The annual deadline for filing Form TD F 90-22.1, Report of Foreign Bank and Financial Accounts is fast approaching.
United States
4 Jul 2013
Federal Court Holds That E-Mail Received By Employee From Lawyer On His Work E-Mail System Is Not Privileged
In a recent decision, Judge Roslynn Mauskopf, United States District Judge for the Eastern District of New York, denied defendant Christopher Finazzo’s motion in limine to preclude the government from introducing an allegedly privileged e-mail that Finazzo’s personal attorney sent to Finazzo’s work e-mail account.
United States
17 Jun 2013
Landmark Decision Reverses Off-Label Promotion Conviction On First Amendment Grounds
On December 3, 2012, the Second Circuit Court of Appeals issued its long-awaited opinion inUnited States v. Caronia, 703 F.3d 149.
United States
13 Mar 2013
The Supreme Court's Amgen Decision: Proof Of Materiality Is Not A Prerequisite To Certification Of A Securities Fraud Class Action
On February 27, 2013, six justices of the U.S. Supreme Court joined to hold that, in order for a class to be certified, plaintiffs in a securities fraud class action need only plausibly allege—not prove—that allegedly misleading statements are material.
United States
6 Mar 2013
FATCA Update: Treasury Department Extends Due Diligence Deadlines And Announces It Is Engaging With More Than 50 Countries To Crack Down On Offshore Tax Evasion
In Announcement 2012-42, the U.S. Treasury Department announced that due diligence deadlines under the Foreign Account Tax Compliance Act (FATCA) are being extended in light of voluminous comments received in response to proposed regulations issued in February 2012.
29 Nov 2012
DOJ Asserts That State-Owned Enterprises Are "Instrumentalities" Of A Foreign Government
Last year, two former executives of Terra Telecommunication Corp. were convicted in federal district court in Florida of bribing employees of Haiti Teleco for the purpose of securing better calling rates and ensuring continued phone connection to Haiti.
United States
5 Oct 2012
SEC Charges Deloitte & Touche’s Chinese Affiliate With Violating Sarbanes-Oxley
On May 9, 2012, the SEC announced an enforcement action against Deloitte Touche Tohmatsu CPA Ltd.
United States
11 Jun 2012
Not A Paper Tiger: Current Trends In Health Care Fraud Enforcement
The war against health care fraud will wage on in 2012. The federal government made it a national priority. Beginning in February 2011, The Medicare Fraud Strike Force announced a massive enforcement action, which led to charges against 111 defendants for participation in a Medicare fraud scheme totaling more than $225 million.
United States
16 Apr 2012
Latest Insider Trading Arrests Part Of Government’s "Perfect Hedge"
At the same time that the United States was entering into the worst recession since the Great Depression, many hedge funds were reporting surges in profits.
United States
16 Apr 2012
Corporate Hospitality Packages For The London 2012 Olympics And Infringement Of The UK Bribery Act - Much Ado About Nothing?
With the London 2012 Olympics fast-approaching, many corporations are wondering whether they can provide corporate hospitality packages to their current and prospective customers, suppliers and business partners without the risk of violating the UK Bribery Act.
United States
4 Jan 2012
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