In the Courts
March 01, 2018
Turkish Banker Conspired to Evade U.S. Sanctions
The National Opioid Epidemic: The Emergence of a Multi-Layered Approach
February 01, 2018
On Oct. 26, 2017, Eric D. Hargan, Acting Secretary of the Department of Health and Human Services, announced that, as a result of the opioid epidemic, “a public health emergency exists nationwide.” As a result, counties, states and the federal government have mounted an attack on the pharmaceutical industry.
Five Ways to Eliminate the Need for a Corporate Monitor
February 01, 2018
Government-imposed corporate monitors — once a rare occurrence in the U.S. — are now commonplace, not only with domestic regulators, but also with regulatory agencies in various other countries, in connection with enforcement proceedings and prosecutions for criminal offenses such as anti-corruption violations and other misconduct.
The False Claims Act Sealing Orders
February 01, 2018
<b><i>What They Say and Do Not Say</b></i><p><b><i>Part Three of a Three-Part Article</b></i><p>The question remains: Is the defendant in a False Claims Act matter barred from discussing the case, as are the relator and the government?
In the Courts
February 01, 2018
Royal Dutch Shell and Eni Head to Trial over Nigeria Corruption Allegations
<i>Ganek v. Leibowitz</i> and a Proposal to Reform Search Warrant Procedure
January 01, 2018
The Second Circuit recently reversed a district court's determination that federal prosecutors and agents were not entitled to qualified immunity from plaintiffs' <i>Bivens</i> claims for money damages for violations of the Fourth and Fifth Amendments in procuring and executing a search warrant.
The False Claims Act Seal: The DOJ's Position
January 01, 2018
<b><i>Part Two of a Three-Part Article</i></b><p>Notwithstanding the absence of an explicit gag order in the statute, the DOJ takes the position that, even if the relator properly files the case under seal at the outset, that relator can later “breach the seal,” and be subject to judicial sanction, if he or she discloses the existence of the <i>qui tam</i> to others.
