Challenges to the DOJ's Jurisdiction over Extraterritorial Conduct
October 20, 2016
Last month, the authors observed that the U.S. Supreme Court has in recent years attempted to limit the extraterritorial reach of federal courts, making it harder for them to get personal jurisdiction over foreign defendants The results of these efforts have been less than stellar. However, as the authors point out here, there are some defenses that may still work.
In-House Counsel
October 20, 2016
Internal investigations have always posed vexing issues for in-house counsel. They need to make difficult decisions on matters such as scope and purpose of the investigation, who will conduct the investigation, how costs will be controlled, and the work product that they will generate.
In the Courts
October 20, 2016
Analysis of a case in which a utility company was convicted for regulatory violations based on corporate collective knowledge .
Recent Developments in the Responsible Corporate Office Doctrine
October 20, 2016
Until recently, the typical FDCA case has involved an executive who pleaded guilty to one or more misdemeanors in the face of DOJ allegations of felony misconduct. But until the Supreme Court clarifies the bounds of the FDCA, district courts will struggle with identifying the necessary elements of individual criminal liability.
Board of Editors
October 06, 2016
Accounting and Financial Planning for Law Firms
Lawrence L. Bell
Advisors, LLC, Kensington, MD
Wayne Berkowitz
Berdon LLP, New York
James…
In the Courts
September 01, 2016
Analysis of a case in which the Third Circuit: ruled that a U.S. Senator must face fraud charges.
Crowdfunding: Preparing for New Regulations
September 01, 2016
In preparation for the effectiveness of the crowdfunding rules, the SEC has issued a bulletin that serves as a guide for companies and investors, whose activities will be covered by Regulation Crowdfunding (the bulletin). This article summarizes the practical terms of the crowdfunding rules and the bulletin.
Challenges to the DOJ's Jurisdiction over Extraterritorial Conduct
September 01, 2016
The U.S. is often criticized for being the world's policeman ' for trying to prosecute wrongdoing all over the world. The Supreme Court has in recent years begun imposing limits on the application of federal laws to wide swaths of extraterritorial conduct. But to what extent does the <I>Morrison</I> line of cases help challenge the notion of the United States as the world's policeman?
The False Claims Act After <i>Escobar:</i> A Three-Part Test
September 01, 2016
In a unanimous opinion in <I>Universal Health Servs. v. United States ex rel. Escobarr</I>, 195 the Supreme Court recently provided a new framework for assessing false certification liability under the False Claims Act (FCA).
