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Document(s) published by this organization: 75
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"...
| | The Jumpstart Our Business Startups Act and Its Impact on Equity Research Analysts
David B. Hennes, Carmen J. Lawrence; Fried, Frank, Harris, Shriver & Jacobson LLP;
Legal Alert/Article May 21, 2012, previously published on May 18, 2012 On Thursday April 5, 2012, President Obama signed the Jumpstart Our Business Startups Act (the “JOBS Act”) into law, adopting measures designed to facilitate both public and private capital formation. The legislation is intended, in part, to encourage “emerging growth...
| | Market Practice Evolves Under the Jumpstart Our Business Startups Act
Fried Frank Harris Shriver Jacobson LLP;
Legal Alert/Article May 16, 2012, previously published on May 15, 2012 On April 5, 2012, the President signed the Jumpstart Our Business Startups Act (the “JOBS Act” or the “Act”) which made significant changes to the public offering process to encourage “emerging growth companies” (companies with less than $1 billion in revenue)...
| | 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...
| | New U.S. Sanctions Against Iran and Syria Have Dramatic Extraterritorial Implications
Fried Frank Harris Shriver Jacobson LLP;
Legal Alert/Article May 10, 2012, previously published on May 8, 2012 In less than a two-week period, President Obama has issued two Executive Orders expanding sanctions against Iran and Syria administered by the U.S. Treasury Department’s Office of Foreign Assets Control (“OFAC”). These important new sanctions focus, respectively, on...
| | United Kingdom Stamp Duty Reserve Tax: Impact of Recent Case Law on Depositary Receipt and Clearance Systems
Robert Gaut; Fried, Frank, Harris, Shriver & Jacobson (London) LLP;
Legal Alert/Article May 3, 2012, previously published on May 1, 2012 Under current United Kingdom law, the transfer or issue of UK shares or securities to a depositary receipt system, where depositary receipts are then issued to investors, attracts a one-off charge of 1.5 per cent stamp duty reserve tax (“SDRT”) on the value or price paid for the UK...
| | France Amends Shareholder Disclosure Requirements to Include Cash-Settled Derivatives - Updated
Julien Bensaid, Eric Cafritz, Olivier Genicot; Fried, Frank, Harris, Shriver & Jacobson (Europe);
Legal Alert/Article April 30, 2012, previously published on April 17, 2012 On March 22, 2012, the French Parliament passed the Legal and Administrative Simplification Act (the "2012 Act") which will, among other things, extend the scope of existing shareholding disclosure rules to require the disclosure of positions held through agreements or derivative...
| | Can a UK Employer have a Compulsory Retirement Age?
Sheena McCaffrey; Fried, Frank, Harris, Shriver & Jacobson (London) LLP;
Legal Alert/Article April 30, 2012, previously published on April 27, 2012 In a ruling issued on 25 April 2012, in the case of Seldon -v- Clarkson Wright & Jakes [2012] UKSC16 ("Mr. Seldon") the UKSC ruled that a compulsory retirement age may be permissible even though it constitutes direct age discrimination.
| | Reform Act on German Insolvency Law - New Opportunities for Distressed Investors?
Rouven Redeker, Jüergen van Kann; Fried, Frank, Harris, Shriver & Jacobson LLP;
Legal Alert/Article April 25, 2012, previously published on April 24, 2012 On March 1, 2012, the Act for the Further Facilitation of the Restructuring of Companies (ESUG) came into effect. The main aim of the ESUG is to improve the prospects of an early and successful restructuring of distressed companies, to involve creditors in the selection process of the (preliminary)...
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