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Fried, Frank, Harris, Shriver & Jacobson LLP Washington, NY Document Search Results (39) Show: results per page Sort by:  | SEC Proposes Rules for Cross-Border Security-Based Swap Transactions
William J. Breslin, Gregory P. Gnall, Robert M. McLaughlin, David S. Mitchell; Fried, Frank, Harris, Shriver & Jacobson LLP;
Legal Alert/Article May 17, 2013, previously published on May 16, 2013 On May 1, 2013, the Securities and Exchange Commission (“SEC”) unanimously voted to propose rules and interpretive guidance to persons engaging in cross-border security-based swap transactions. The rules and guidance are intended to apply to transactions that occur partially within the...
| | Implications of the SEC's First-Ever FCPA-Related Non-Prosecution Agreement with Ralph Lauren Corp.
Kevin J. Harnisch, Joshua D. Roth, Steven M. Witzel; Fried, Frank, Harris, Shriver & Jacobson LLP;
Legal Alert/Article April 26, 2013, previously published on April 23, 2013 The SEC announced yesterday (April 22) that it entered into a Non-Prosecution Agreement ("NPA") with Ralph Lauren Corp. ("Ralph Lauren") in connection with alleged violations of the Foreign Corrupt Practices Act (the "FCPA") by a subsidiary in Argentina ("Ralph...
| | Implications of the London/Shaw Insider Trading Case for Public Companies and External Auditors
David B. Hardison, Dixie L. Johnson, Steven M. Witzel; Fried, Frank, Harris, Shriver & Jacobson LLP;
Legal Alert/Article April 26, 2013, previously published on April 25, 2013 The announcement of civil and criminal insider trading charges earlier this month against Scott London, a senior audit partner at a major accounting firm, grabbed business headlines and took the public accounting profession by surprise. As insider trading schemes go, the alleged misconduct by...
| | CIVIL FALSE CLAIMS ACT: Sixth Circuit Rejects DOJ Efforts to Equate Regulatory Non Compliance with False Claims Act Liability
Douglas W. Baruch, John T. Boese, Kayla Stachniak Kaplan, Jennifer M. Wollenberg; Fried, Frank, Harris, Shriver & Jacobson LLP;
Legal Alert/Article April 11, 2013, previously published on April 4, 2013 For the second time in two weeks, an appellate court has injected a dose of reality into False Claims Act (“FCA”) jurisprudence. Following closely on the heels of the Seventh Circuit’s blanket rejection of the Justice Department’s preferred “gross trebling”...
| | Regulation FD and Social Media: Practical Lessons From the SEC’s Netflix Release
Stuart H. Gelfond, Karl A. Groskaufmanis, David B. Hardison, Valerie Ford Jacob; Fried, Frank, Harris, Shriver & Jacobson LLP;
Legal Alert/Article April 11, 2013, previously published on April 8, 2013 In an April 2 release, the Securities and Exchange Commission moved its Regulation Fair Disclosure (“Reg. FD”) guidance into a new era. For public companies, many of the “old” messages and challenges remain.
| | Fourth Circuit Applies the Wartime Suspension of Limitations Act to the Civil False Claims Act
Douglas W. Baruch, Kayla Stachniak Kaplan, Jennifer M. Wollenberg; Fried, Frank, Harris, Shriver & Jacobson LLP;
Legal Alert/Article March 27, 2013, previously published on March 21, 2013 The False Claims Act’s (“FCA”) six-year statute of limitations took a body blow on March 18, 2013 when a split panel of the Fourth Circuit Court of Appeals ruled that the Wartime Suspension of Limitations Act, 18 U.S.C. § 3287 (“WSLA”) applies to certain FCA...
| | Seventh Circuit Reins in Justice Department’s Overreaching False Claims Act Damages Theory
Douglas W. Baruch, John T. Boese, Jennifer M. Wollenberg; Fried, Frank, Harris, Shriver & Jacobson LLP;
Legal Alert/Article March 27, 2013, previously published on March 25, 2013 For several years, the Justice Department has been advocating for and employing a harsh and aggressive False Claims Act (“FCA”) damages methodology that distorts the government’s actual damages and leads to unwarranted FCA recoveries. In particular, the Justice Department’s...
| | CIVIL FALSE CLAIMS ACT: Eighth Circuit Rejects Justice Department Efforts to Avoid Paying Relators’ Share on Settlement “Unrelated” to Relators’ Qui Tam Claims
Douglas W. Baruch, John T. Boese; Fried, Frank, Harris, Shriver & Jacobson LLP;
Legal Alert/Article March 14, 2013, previously published on March 8, 2013 The Justice Department (“DOJ”) received an unpleasant surprise last week. After releasing HewlettPackard Company (“HP”) from a range of False Claims Act liability in return for a $55 million settlement payment, a divided panel of the Eighth Circuit Court of Appeals ruled...
| | Justice Department Brandishes Rarely Used Weapon-FIRREA-in Full-Scale Assault on S&P, and California Joins the Battle with Separate State False Claims Act Complaint
Douglas W. Baruch; Fried, Frank, Harris, Shriver & Jacobson LLP;
Legal Alert/Article February 14, 2013, previously published on February 11, 2013 The Justice Department’s February 4, 2013 lawsuit against credit rating agency Standard & Poor’s Ratings Services (“S&P”), a subsidiary of McGraw-Hill Co., puts an exclamation point on the latest era in civil fraud enforcement. Following close on the heels of several...
| | CFTC Update: CPO and CTA Annual Affirmation Obligation
William J. Breslin, David S. Mitchell, Fern B. Simmons; Fried, Frank, Harris, Shriver & Jacobson LLP;
Legal Alert/Article February 4, 2013, previously published on January 31, 2013 In February 2012, the Commodity Futures Trading Commission (“CFTC”) issued final rules which require any person claiming an exemption or exclusion from registration as a commodity pool operator (“CPO”) under CFTC Regulations 4.5, 4.13(a)(2), 4.13(a)(3), 4.13(a)(5) or an...
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