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HTMLThe False Claims Act Public Disclosure Bar and the Meaning of “News Media”
Berger Montague P.C.;
Legal Alert/Article
October 1, 2013
Under 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...

 

HTMLSEC Issues Risk Alert on Short Selling
Parker B. Morrill, Michael J. Rivera; Venable LLP;
Legal Alert/Article
September 30, 2013, previously published on September 2013
On 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...

 

HTMLCanada’s First “FCPA” Trial & Increased International Law Enforcement Cooperation
Holland Hart LLP;
Legal Alert/Article
September 30, 2013, previously published on September 27, 2013
The 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...

 

HTMLIllinois County Recorders May Now Investigate Fraudulent Documents
Carolyn Artus; Weltman, Weinberg & Reis Co., L.P.A.;
Legal Alert/Article
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...

 

HTMLSEC Proposes Rule Requiring Public Companies to Disclose Pay Ratios
Carmen M. Fonda, Parker B. Morrill, Eric R. Smith; Venable LLP;
Legal Alert/Article
September 25, 2013, previously published on September 2013
On 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...

 

Adobe PDFPhysician Sunshine Act: Transparency Could Be Costly
Michael A. Kaplan, Robert J. Kipnees, Michael T. G. Long, Maureen A. Ruane; Lowenstein Sandler LLP;
Legal Alert/Article
September 23, 2013, previously published on September 2013
In 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...

 

Adobe PDFSalinas 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;
Legal Alert/Article
September 18, 2013, previously published on September 16, 2013
The 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.

 

HTMLWrongful 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.;
Legal Alert/Article
September 17, 2013, previously published on September 11, 2013
Missouri 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...

 

HTMLSEC Whistles Grow Louder
Rebecca M. Katz; Motley Rice;
Legal Alert/Article
September 17, 2013, previously published on September 17, 2013
More 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...

 

HTMLSEC Announces Additional Whistleblower Award Based on Assets Seized by Justice Department
Allana M. Grinshteyn, Harris Michael Mufson, Steven J. Pearlman; Proskauer Rose LLP;
Legal Alert/Article
September 16, 2013, previously published on September 10, 2013
After 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...

 


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