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Fried, Frank, Harris, Shriver & Jacobson LLP Washington, DC Document Search Results (36) Show: results per page Sort by:  | CIVIL FALSE CLAIMS ACT: D.C. Circuit Reinforces SAIC Decision in False Certification Case, Rejecting FCA Damages Claim in Case Based on Lack of Supporting Documentation
Douglas W. Baruch, John T. Boese; Fried, Frank, Harris, Shriver & Jacobson LLP;
Legal Alert/Article May 25, 2012, previously published on May 23, 2012 In late 2010, the United States Court of Appeals for the D.C. Circuit issued a seminal decision rejecting the government’s damages theory in a civil False Claims Act “false certification” case. In United States v. Science Applications International Corp. (“SAIC”),...
| | CFTC Update: Eligible Contract Participant Definition and Retail Forex Pools
William J. Breslin, Miles E. Kitchin, David S. Mitchell; Fried, Frank, Harris, Shriver & Jacobson LLP;
Legal Alert/Article May 23, 2012, previously published on May 22, 2012 On April 18th, 2012, the Commodity Futures Trading Commission (the "CFTC") and the Securities and Exchange Commission (the "SEC", and together with the CFTC, the "Commissions") adopted joint final rules further defining the terms "swap dealer"...
| | Recent SEC Complaint Highlights Potential Management Risks When Communicating with Auditors During a Financial Crisis
David B. Hardison, David Whipple; Fried, Frank, Harris, Shriver & Jacobson LLP;
Legal Alert/Article May 16, 2012, previously published on May 15, 2012 SEC enforcement actions often include allegations that corporate officers affirmatively misled a company's outside auditors as part of a scheme to commit and perpetuate an accounting fraud. Such misleading actions might include, for example, signing false management representation letters or...
| | Impact of JOBS Act on Private Investment Funds
Jonathan S. Adler, Justin Nasatir; Fried, Frank, Harris, Shriver & Jacobson LLP;
Legal Alert/Article April 10, 2012, previously published on April 5, 2012 Today, the President signed into law the Jumpstart Our Business Startups Act (the “JOBS Act”). In a prior Clients and Friends Memorandum dated March 13, 2012, we described certain provisions of the version of the JOBS Act passed by the House of Representatives on March 8, 2012 that are...
| | House Passes Bill Raising Limit on Number of Shareholders an Issuer May Have Before Being Required To Register With the SEC and Relaxing Rules Prohibiting General Solicitation in Regulation D Offerings
Jonathan S. Adler, Justin Nasatir; Fried, Frank, Harris, Shriver & Jacobson LLP;
Legal Alert/Article March 20, 2012, previously published on March 13, 2012 On Thursday, March 8, 2012, the House of Representatives passed the Jumpstart Our Business Startups Act, H.R. 3606 (the "JOBS Act"), which, if passed in similar form by the Senate and signed into law by the President, would significantly alter certain aspects of the Securities Exchange...
| | Corruption Risks for Defense Contractors in the New Market Environment
Kevin J. Harnisch, James Kitching, Mario Mancuso, Brian T. Sumner; Fried, Frank, Harris, Shriver & Jacobson LLP;
Legal Alert/Article March 1, 2012, previously published on February 27, 2012 In these times of budget austerity and acute market competition, corruption risks have received new attention, particularly at defense contractors. Keen management teams should pay close attention to corruption risks and activities that may raise concerns related to anti-corruption compliance. As...
| | CFTC Update: Registration and Compliance Obligations for Commodity Pool Operators and Commodity Trading Advisors
William J. Breslin, David S. Mitchell, Justin Nasatir; Fried, Frank, Harris, Shriver & Jacobson LLP;
Legal Alert/Article March 1, 2012, previously published on February 29, 2012 The Commodity Futures Trading Commission (the “Commission” or “CFTC”) has adopted significant amendments to the Part 4 rules, which govern the operations and activities of commodity pool operators (“CPOs”) and commodity trading advisors (“CTAs”) under...
| | NYSE Further Limits Broker Discretionary Voting on Corporate Governance Proposals for the 2012 Proxy Season
Eugene A. Drozdetski, Stuart H. Gelfond, Vasiliki B. Tsaganos; Fried, Frank, Harris, Shriver & Jacobson LLP;
Legal Alert/Article February 20, 2012, previously published on February 16, 2012 On January 25, 2012, the NYSE announced that for certain types of corporate governance proposals it would no longer permit broker discretionary voting. This is another in a series of amendments aimed at limiting broker discretionary voting. In 2009 and 2010 the NYSE eliminated broker discretionary...
| | CIVIL FALSE CLAIMS ACT: Court Applies Contra Proferentem Doctrine against the Government in an FCA Case Based on an Ambiguous Contract Provision
Douglas W. Baruch, John T. Boese; Fried, Frank, Harris, Shriver & Jacobson LLP;
Legal Alert/Article February 13, 2012, previously published on February 8, 2012 In order to resolve the "falsity" element in many False Claims Act ("FCA") cases, courts often must grapple with the meaning of the contractual or regulatory term alleged to have been violated. The issue often is presented for court resolution when the FCA defendant argues that...
| | CIVIL FALSE CLAIMS ACT: Remarks at Justice Department Celebration of 25th Anniversary of 1986 Amendments
John T. Boese; Fried, Frank, Harris, Shriver & Jacobson LLP;
Legal Alert/Article February 8, 2012, previously published on February 3, 2012 On Tuesday, January 31, 2012, the Department of Justice held a celebration commemorating the 25th anniversary of the 1986 amendments to the civil False Claims Act. Attorney General Eric Holder, Assistant Attorney General (Civil) Tony West, Senator Patrick Leahy, and Congressman Howard Berman each...
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