With
Brendan Ruddy
This is not the first time that a company's General Counsel has been a named defendant in a civil action brought by the SEC.
With
Oderah C. Nwaeze
After a one-day trial, Vice Chancellor Laster held that Plaintiff failed to satisfy his burden.
With
Seth Kugler,
George Niespolo
On June 9, 2016, the New York Court of Appeals, in a 4-2 decision, declined to broaden the common interest exception to New York state attorney-client privilege.
With
Amanda Bassen,
George Niespolo,
Mauro Wolfe
On May 5, 2016, the Obama administration announced a series of proposals that will be sent to Congress designed to combat the disguising of international financial dealings...
With
Amanda Bassen,
Eric Breslin,
Melissa Geller,
George Niespolo,
William B. Pollard III
Luis was charged with healthcare fraud. Both the District Court and the Court of Appeals for the Eleventh Circuit ruled against Luis' attempts to get funds released so she could hire an attorney.
The U.S. Court of Appeals for the Second Circuit recently issued an opinion "clarifying" its 1991 decision in U.S. v. Monsanto, where it held that a (criminal) defendant who wishes to use frozen funds for their defense is entitled to a pretrial hearing to determine whether there is probable cause to believe the defendant committed the crimes that formed the basis for the forfeiture and whether the funds are forfeitable.
With
Suzan Jo
An apparent implication of the Supreme Court's Amgen decision is that putative lead plaintiffs have a lower threshold to meet in order to obtain class certification.
With
Eric Breslin,
Melissa Geller,
Mauro Wolfe
On February 27, 2013, the United States Supreme Court put a stop to the Securities and Exchange Commission's (SEC) practice of bringing civil enforcement actions outside the five-year statute of limitations.
With
Mary Pennisi
A federal magistrate judge's recent decision in United States ex rel. Baklid-Kunz v. Halifax Hospital Medical Center, a Civil False Claims Act ("FCA") case pending in the United States District Court for the Middle District of Florida, calls into question the protection of in-house counsel emails under the attorney-client privilege.
With
Jonathan Armstrong
The Dodd-Frank Act will impact a wide range of compliance issues, including data protection, privilege and notions of when a lawyer working in-house would be recognized as a "lawyer" and not as a businessperson.
On October 15, 2009, at the American Bar Association's Fourth Annual National Institute on Securities Fraud, David Rosenfeld, associate regional director for the Northeast Regional Office of the U.S. Securities and Exchange Commission (SEC), revealed that the SEC has established a nationwide Pension Fund Working Group to civilly and criminally prosecute pension fund managers, advisors, administrators and "the like" where "pay to play" contributions occur.
The New York Supreme Court, Appellate Division, First Department, on February 19, 2008, ruled that former officers and directors of a public corporation are entitled to access to memoranda containing legal advice to the corporation.