Given the current turmoil in the markets, an increasing number of plaintiffs are bringing shareholder class action suits, citing corporate statements about COVID-19. As first-quarter earnings season draws to a close, now is a good time to reflect on the shareholder class actions that have been brought to date related to COVID-19, and others potentially yet to come.
- July 01, 2020Margaret A. Dale and Mark D. Harris
For more than 10 years, federal investigators have investigated criminal conduct in connection with the 2008 recession-era TARP program. From those investigations, U.S. Attorneys across the country brought cases and earned convictions for offenses spanning the federal criminal code. We can expect that these same agencies will use the same techniques and strategies to investigate crimes and bring cases involving fraud related to the COVID-19 stimulus packages.
July 01, 2020Terence M. Grugan, David L. Axelrod and Emilia McKee VassalloIn the midst the current COVID-19 pandemic, the SEC is paying attention. The Division of Enforcement has made clear that it will act, and act quickly, to stop fraudulent conduct that falls under its jurisdiction related to the pandemic.
July 01, 2020Russell Koonin and Adam SchwartzAfter over a year-and-a-half of lobbying efforts by the music industry and negotiations with lawmakers, it was recently announced that AB5 would be amended to accommodate musicians' unique niche in the California economy.
June 01, 2020Sidney S. Fohrman and Ariel D. ShpigelThis article discusses what tools the government has for pursuing seemingly undeserving PPP borrowers, the obstacles to bringing such cases, and the factors that may influence the government's decision in pursuing criminal or civil cases.
June 01, 2020Christopher M. FergusonWith the federal government appropriating more than $2 trillion for businesses affected by the COVID-19 pandemic, plaintiffs' lawyers, regulators and politicians have trumpeted the search for whistleblowers — many of whom will try to cash in on perceived fraud in the funding programs created by the CARES Act and other enactments.
June 01, 2020Steve Sozio, Rebecca Martin, Rajeev Muttreja and Mark RotatoriCompliance Programs Offer Companies an Opportunity to Mitigate Risk This article outlines the principles of corporate criminal liability, including the factors prosecutors consider when making charging decisions, and the potentially available sanctions in light of applicable U.S. Sentencing Guidelines, and offers strategies for minimizing risk, including lessons from recent criminal enforcement actions.
June 01, 2020Carolyn H. KendallIGs have been part of the federal landscape for more than 40 years, so why all the fuss now? The answer is that they are a key element of the government's built-in mechanisms for protecting the nation's public treasury, and a relief package of this scope strongly indicates that the IGs and the new oversight bodies will spend many years scrutinizing funds spent under it.
June 01, 2020Daniel R. Alonso, Preston Burton and Meredith LeesonThere will likely be some fraud in connection with the pandemic-related programs that should be pursued by the DOJ and the Inspectors General, who have said they will keep close eyes on these programs. They will have no shortage of targets, given the many recipients of government funds, and the breadth of the requisite certifications.
May 22, 2020Steve Sozio, Rebecca Martin, Rajeev Muttreja and Mark RotatoriNew Jersey legislators are joining a growing line of states in proposing a bill to strengthen data privacy protections, following in the footsteps of privacy laws enacted in Europe and California.
May 01, 2020Kenneth K. Dort and Mitchell S. Noordyke











