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|DOJ and FTC Release Joint Antitrust Policy Statement Regarding Sharing of Cybersecurity Information|
Keith M. Gerver, Jonathan S. Kanter, Nandu Machiraju, Kenneth L. Wainstein; Cadwalader, Wickersham & Taft LLP;
April 20, 2014, previously published on April 15, 2014On April 10, 2014, the U.S. Department of Justice (“DOJ”) and the Federal Trade Commission (“FTC”) issued an Antitrust Policy Statement on Sharing of Cybersecurity Information explaining that competitors can share legitimate threat information so long as appropriate...
|CMS Releases Medicare Part B Supplier Billing and Payment Data|
Michael P. Matthews, Lawrence W. Vernaglia; Foley & Lardner LLP;
April 16, 2014, previously published on April 14, 2014On April 8, 2014, The Centers for Medicare & Medicaid Services (CMS) released, with tremendous fanfare, hundreds of thousands of points of billing data regarding Medicare suppliers including some 880,000 physicians for 2012. These data are presented in an Excel format that makes searching and...
|Maryland District Court Dismisses Qui Tam Action Against Pharmaceutical Drug Manufacturers Under the Heightened Pleading Standards of the False Claims Act|
Jhanelle A. Graham; Semmes Bowen Semmes A Professional Corporation;
April 10, 2014, previously published on March 2014In United States, et al., ex rel. Jerome Palmieri v. Alpharma, Inc., et al., the relator, Jerome Palmieri, filed a qui tam action on behalf of the United States of America and various individual states (collectively, the "Qui Tam States") against his employers, Alpharma, Inc. and Alpharma...
|Understanding U.S. Sanctions against Russia and their Potential Impact on the Financial Industry|
Holland Hart LLP;
April 10, 2014, previously published on April 3, 2014In response to Russian annexation of the Crimean region of Ukraine, the United States implemented targeted sanctions against certain Russia and Ukrainian interests. The sanctions are historic in that they have the ability to target substantial interests in a major global market, in contrast to...
|Marubeni Plea Agreement Suggests There May Be More FCPA Charges to Come|
Charles S. Leeper, Gregory A. Mason; Drinker Biddle & Reath LLP;
April 1, 2014, previously published on March 28, 2014In a March 19, 2014 Plea Agreement, the Japanese trading company Marubeni Corporation agreed to plead guilty in the U.S. District Court for the District of Connecticut to a criminal information charging a conspiracy to violate the Foreign Corrupt Practices Act, and seven substantive violations of...
|SEC Holds Cybersecurity Roundtable|
Gregory A. Mason, Mark H.M. Sosnowsky; Drinker Biddle & Reath LLP;
April 1, 2014, previously published on March 31, 2014On Wednesday, March 26, 2014, the Securities and Exchange Commission conducted a roundtable discussion on cybersecurity and the issues and challenges cyber-threats present for public companies, exchanges, and market participants. The roundtable consisted of four separate panel discussions and...
|White House’s Cybersecurity Framework Highlights Need for Preparedness|
Ronald A. Sarachan, Zoë K. Wilhelm; Drinker Biddle & Reath LLP;
March 19, 2014, previously published on March 11, 2014The White House recently announced the official launch of the Cybersecurity Framework, which provides voluntary guidelines for both public and private organizations operating as part of the “critical infrastructure” to create or improve upon their defenses and response protocols for...
|How Giving Legal Advice Can Lead to a Criminal Indictment|
Rocco J. Carbone; Marshall Dennehey Warner Coleman & Goggin, P.C.;
March 14, 2014, previously published on March 1, 2014On October 12, 2013, the Office of the Florida Attorney General convicted Kelly Mathis, a prominent Jacksonville attorney, of 103 out of 104 criminal counts, including felony racketeering. The Attorney General’s Statewide Prosecutor indicted Mr. Mathis and 57 other co-defendants on various...
|OSC Announces Adoption of Flexible American-Style Enforcement Tools to Police Capital Markets|
Borden Ladner Gervais LLP;
March 13, 2014, previously published on March 12, 2014Exactly two weeks to the day that Deferred Prosecution Agreements came into force for enumerated offences in the United Kingdom, the Ontario Securities Commission (the “OSC” or the “Commission”) also indicated that it was prepared to embrace flexible enforcement tools that...
|UK Issues Guidelines for Deferred Prosecution Agreements|
Matthew Cowie, Gary DiBianco, Caroline Wojtylak; Skadden, Arps, Slate, Meagher & Flom (UK) LLP;
March 13, 2014, previously published on March 11, 2014Deferred prosecution agreements (DPAs) are now available in the United Kingdom as a means of resolving criminal investigations of certain serious economic crimes other than by guilty plea, trial or prosecutorial declination. U.K. DPAs, which are the product of a lengthy preparation and public...