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Documents on white collar crime
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|The False Claims Act Public Disclosure Bar and the Meaning of “News Media”|
Berger Montague P.C.;
October 1, 2013Under the False Claims Act, 31 U.S.C. 3730(e)(4)(A)(iii), "the court shall dismiss an action or claim . . . unless opposed by the government, if substantially the same allegation or transaction as alleged in the action or claims were publically disclosed from the news media. Because...
|SEC Issues Risk Alert on Short Selling|
Parker B. Morrill, Michael J. Rivera; Venable LLP;
September 30, 2013, previously published on September 2013On September 17, 2013, the SEC’s Office of Compliance Inspections and Examinations (OCIE) issued a risk alert related to Rule 105 of Regulation M, which governs short selling prior to the pricing of certain offerings. This risk alert was issued the same day the SEC announced enforcement...
|Canada’s First “FCPA” Trial & Increased International Law Enforcement Cooperation|
Holland Hart LLP;
September 30, 2013, previously published on September 27, 2013The frequency and scope of international law enforcement cooperation has increased markedly in recent years. Although such cooperation has slowly emerged for decades, the recent explosion of cooperation has been facilitated in large part by the expansion of instantaneous international...
|Illinois County Recorders May Now Investigate Fraudulent Documents|
Carolyn Artus; Weltman, Weinberg & Reis Co., L.P.A.;
September 26, 2013, previously published on September 21, 2013 On July 19, 2013, the Governor of Illinois signed a new law to combat property fraud, effective immediately. The law provides that a county recorder may establish a "fraud referral and review" process for deeds and instruments that the county recorder reasonably believes may be...
|SEC Proposes Rule Requiring Public Companies to Disclose Pay Ratios|
Carmen M. Fonda, Parker B. Morrill, Eric R. Smith; Venable LLP;
September 25, 2013, previously published on September 2013On September 18, 2013, as required by the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010, the SEC proposed rules requiring public companies to disclose the median of the annual total compensation of all employees, the annual total compensation of the CEO, and the ratio of the...
|Physician Sunshine Act: Transparency Could Be Costly|
Michael A. Kaplan, Robert J. Kipnees, Michael T. G. Long, Maureen A. Ruane; Lowenstein Sandler LLP;
September 23, 2013, previously published on September 2013In March 2010, President Obama signed into law the Patient Protection and Affordable Care Act (“ACA”). Buried within the 900 plus pages is a largely still unknown, and certainly underappreciated, provision known as the “Physician Payments Sunshine Act.” The Sunshine Act...
|Salinas v. Texas: How the Supreme Court’s Decision in a Murder Case Impacts the Issue of “Remaining Silent” in Corporate White Collar Investigations|
Lane Powell PC;
September 18, 2013, previously published on September 16, 2013The Supreme Court recently issued an opinion in a Texas murder case that has broad implications for any corporate representative or employee who seeks to invoke his or her Fifth Amendment Right against self-incrimination in the course of a government investigation.
|Wrongful Termination in Missouri: Whistleblower Claims and the Public Policy Exception to Employment-at-Will|
Ambika Behal, Hal D. Meltzer; Baker Sterchi Cowden & Rice, L.L.C.;
September 17, 2013, previously published on September 11, 2013Missouri adheres to the rule prevailing in most jurisdictions that in the absence of a contract between an employer and employee for a definite term or a contrary statutory provision, an employee can be terminated at any time with or without cause or for any reason, provided the termination does...
|SEC Whistles Grow Louder|
Rebecca M. Katz; Motley Rice;
September 17, 2013, previously published on September 17, 2013More than two years have passed since the launch of a new Securities and Exchange Commission (SEC) whistleblower program established by the 2010 Dodd-Frank Act - a program that offers a bounty of 10 to 30 percent of recovered sanctions to whistleblowers that significantly assist an SEC...
|SEC Announces Additional Whistleblower Award Based on Assets Seized by Justice Department|
Allana M. Grinshteyn, Harris Michael Mufson, Steven J. Pearlman; Proskauer Rose LLP;
September 16, 2013, previously published on September 10, 2013After awarding the second-ever whistleblower bounty award pursuant to Section 922 of the Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank) in connection with SEC v. Andrey C. Hicks and Locust Offshore Mgmt., LLC., No. 1:11-cv-11888-RGS (D. Mass. 2011), the SEC announced that...