Regulation

  • The 'Right to Control' Wire Fraud Theory Should Be Eliminated

    In recent decades, federal fraud prosecutions have relied on the theory that a defendant can fraudulently deprive a victim of the intangible "right to control" its assets, even if the victim is not deprived of any tangible money or property. While this theory has been repeatedly affirmed by the Second Circuit, it is incompatible with a series of recent Supreme Court cases in which the Court has narrowed the scope of federal white-collar criminal statutes by adopting narrow definitions of the term "property."

    November 01, 2020Harry Sandick and Ian Eppler

  • Don't Set It & Forget It: The Importance of Evaluating & Evolving Healthcare Compliance Programs

    The federal government won or negotiated over $2.6 billion in healthcare fraud judgments and settlements in 2019. The government's investment of resources toward combatting fraud, waste and abuse in healthcare can be expected to continue in full force, irrespective of a change in political administration. Accordingly, it is important for healthcare companies to focus on maintaining flexible and effective compliance programs.

    November 01, 2020Brian Bewley, James D. Gatta and Kaitlyn L. Dunn

  • DOJ's China Initiative Poses Growing Risks for Those with Chinese Ties

    In the two years since it's unveiling, the Initiative has expanded its scope from prosecutions of individuals suspected of stealing for China to those who simply have Chinese ties. The department is now increasing its mission to investigate individuals who are merely associated with Chinese recruitment programs.

    November 01, 2020John N. Joseph, Carolyn H. Kendall and Yune D. Emeritz

  • COVID Shutdown Orders v. Statutory Rent Obligations

    Even though payment of post-petition rent under a nonresidential lease (prior to rejection) has historically been an absolute requirement, bankruptcy courts, as courts of equity, have the ability during these extraordinary times to take a more flexible approach.

    October 01, 2020Brett S. Theisen and Mark B. Conlan 

  • Deciphering the USPTO's Material Alteration Standard for Amending Marks

    As brands mature over time, their owners often seek to update marks that are subject to a federal registration or registration application. In some cases, the impetus for the amendment may be deliberately to freshen, tweak, or otherwise modernize the subject mark. In other cases, brand owners may recognize after the fact that their current usage of a mark does not match the mark as originally registered or applied for.

    October 01, 2020Chris Bussert

  • Particularized Pleading of Underlying Illegal Acts in the Second Circuit

    Gamm v. Sanderson Farms, establishes a high burden for a plaintiff to plead adequately failure to disclose illegal conduct — regardless of how much circumstantial evidence a plaintiff is able to amass or how much news coverage the alleged conduct attracts.

    October 01, 2020Steven Paradise and Matthew Catalano

  • The Updated FCPA Resource Guide

    Something Old, Something New, Something Borrowed, Something Blue this second edition contains some new "hypotheticals" — facts of actual cases the DOJ finds important enough to focus on — and, in keeping true to its name, has included additional resources and links for chief compliance officers looking to design and audit their companies' anticorruption compliance programs.

    September 01, 2020Jacqueline C. Wolff