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HTMLUS Second Circuit Heightens the Standard of Proof Required To Sustain Tipper/Tippee Insider Trading Convictions
Melanie M. Burke, Joseph De Simone, William Michael, Richard M. Rosenfeld, Matthew A. Rossi; Mayer Brown LLP;
Legal Alert/Article
February 26, 2015, previously published on December 15, 2014
On December 10, 2014, in United States v. Newman, et al., the US Court of Appeals for the Second Circuit clarified the elements required to establish insider trading in tipper/tippee cases by holding that “in order to sustain a conviction for insider trading, the government must prove beyond...

 

HTMLBroker-Dealer Regulation Under the New Penny Stock Disclosure Rules: An Appraisal
Dennis Hernandez Associates PA;
Legal Alert/Article
February 18, 2015, previously published by Columbia Business Law Review
The over-the-counter (¿OTC¿) market serves as the primary equity market in the United States for small publicly-traded corporations. Historically, regulatory authorities and private sector analysts have failed to effectively monitor the veracity of broker-dealer transactions in this market,...

 

Adobe PDFMajor Reversal of Insider Trading Convictions After Trial: Second Circuit Sets High Bar for Tippee Liability
Jared S. Buszin, Harry Sandick; Patterson Belknap Webb & Tyler LLP;
Legal Alert/Article
February 6, 2015, previously published on December 2014
The United States Court of Appeals today reversed the convictions for insider trading of Todd Newman and Anthony Chiasson. The Court held that the government was required to prove, but did not, that the defendants knew that the insider who disclosed the confidential information did so in exchange...

 

Adobe PDFWhite Collar Crime—Insider Trading
Jeremy E. Deutsch; Norris McLaughlin & Marcus, P.A. A Professional Corporation;
Legal Alert/Article
February 6, 2015, previously published on December 2014
The basis for imposition of tipping liability for insider trading has been clarified by the Second Circuit.

 

HTML6th Circuit Holds Applicant Is Not An “Employee” And Has No False Claims Act Cause Of Action Against Prospective Employer
Joseph C. Toris; Jackson Lewis P.C.;
Legal Alert/Article
January 30, 2015, previously published on December 9, 2014
On November 18, 2014, the U.S. Court of Appeals for the Sixth Circuit issued a decision dismissing an employment applicant's claims that he had been retaliated against under the False Claims Act (FCA), Environmental Reorganization Act (ERA) and four other environmental statutes. In Vander Boegh v....

 

HTMLEmployer Restitution under Victim Restitution Law (MVRA) Not Offset by Employee’s Canceled Stock Options, Court Rules
Ramsay C. McCullough; Jackson Lewis P.C.;
Legal Alert/Article
January 30, 2015, previously published on December 10, 2014
The Mandatory Victim Restitution Act of 1996 (“MVRA”) provides that defendants convicted of crimes committed by "fraud or deceit" compensate victims for the full amount of their losses. Whether the amount of restitution may be offset if an employer-victim actually profited...

 

HTMLPredictive Coding Slowly Becoming a Game Changer
Rachael Lewis Anna; Nexsen Pruet, LLC;
Legal Alert/Article
January 19, 2015, previously published on December 18, 2014
In 2012, Magistrate Judge Andrew Peck of the Southern District of New York approved the use of predictive coding (also called “technology assisted review” or “TAR”) in Da Silva Moore v. Publicis Groupe to search for relevant information. Predictive coding enables attorneys...

 

HTMLRecord-High $5.7 Billion Recovery in 2014 for US False Claims Act Cases—Health Care Fraud Recoveries More Than $2 Billion for Fifth Straight Year
Laura R. Hammargren, Michael Martinez, William Michael Jr.; Mayer Brown LLP;
Legal Alert/Article
January 12, 2015, previously published on December 2, 2014
The US Department of Justice (DOJ) reported in late November that it recovered a record $5.69 billion from settlements and judgments in civil False Claims Act (FCA) cases in fiscal year 2014. This marks the first time that recoveries have exceeded $5 billion, and brings the total recoveries since...

 

HTMLMassachusetts High Court Compels Decryption of Computer Files
William G. Cosmas; Sally & Fitch LLP;
Legal Alert/Article
January 10, 2015, previously published on November 20, 2014
Television crime dramas - and televised congressional testimony - have made "taking the Fifth" part of our collective civic consciousness. The Fifth Amendment to the Constitution provides that no person "shall be compelled in any criminal case to be a witness against himself,"...

 

HTMLThe High Cost of Whistleblowing
Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
Legal Alert/Article
November 17, 2014, previously published on November 3, 2014
In a number of recent posts, we have highlighted the SEC’s whistleblower program, which offers awards of 10%-30% of the money collected where a whistleblower provides high-quality, original information that results in an SEC enforcement action with sanctions exceeding $1 million.

 


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