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Features

Five Ways to Eliminate the Need for a Corporate Monitor Image

Five Ways to Eliminate the Need for a Corporate Monitor

Jonny Frank & Simon Platt

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.

Features

The False Claims Act Sealing Orders Image

The False Claims Act Sealing Orders

Andrew W. Schilling & Megan E. Whitehill

<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?

Columns & Departments

In the Courts

ssalkin

Royal Dutch Shell and Eni Head to Trial over Nigeria Corruption Allegations

Columns & Departments

Business Crimes Hotline

ljnstaff

Keppel Settles Bribery Charges in the U.S., Singapore, and Brazil

Features

<i>Ganek v. Leibowitz</i> and a Proposal to Reform Search Warrant Procedure Image

<i>Ganek v. Leibowitz</i> and a Proposal to Reform Search Warrant Procedure

Harry Sandick & Clint Morrison

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.

Features

DE Courts Uphold Strict Limitations on Liability for Oversight Claims Image

DE Courts Uphold Strict Limitations on Liability for Oversight Claims

Jason J. Mendro & Jeffrey S. Rosenberg

In 2017, two cases illustrated that Delaware courts continue to impose exacting pleading burdens on <i>Caremark</i> claims, especially when plaintiffs say that they are excused from making a demand on the board before suing derivatively.

Columns & Departments

In the Courts

ljnstaff

Analysis of a case involving an embezzling attorney.

Columns & Departments

Business Crimes Hotline

ljnstaff

Discussion of two major rulings out of Georgia and New York.

Features

The Deductibility of FCA Payments in Light of <b><i>Kokesh</i></b> Image

The Deductibility of FCA Payments in Light of <b><i>Kokesh</i></b>

Joseph F. Savage, Ezekiel L. Hill & Timothy H. Kistner

<b><i>A Business Expense?</i></b><p>In negotiating FCA or similar settlements with the government, one key consideration is the tax treatment of any payment. While not in the context of deductibility, the Supreme Court this year, in<i>Kokesh v. SEC</i>, analyzed whether disgorgement in an SEC enforcement action was punitive or compensatory.

Columns & Departments

In the Courts

ljnstaff

A rare ruling provides insight into the narrow scope that the attorney-client privilege and attorney work product privilege are afforded in criminal investigations.

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MOST POPULAR STORIES

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    Most experienced intellectual property attorneys understand the significant role surveys play in trademark infringement and other Lanham Act cases, but relatively few are likely to have considered the use of such research in patent infringement matters. That could soon change in light of the recent admission of a survey into evidence in <i>Applera Corporation, et al. v. MJ Research, Inc., et al.</i>, No. 3:98cv1201 (D. Conn. Aug. 26, 2005). The survey evidence, which showed that 96% of the defendant's customers used its products to perform a patented process, was admitted as evidence in support of a claim of inducement to infringe. The court admitted the survey into evidence over various objections by the defendant, who had argued that the inducement claim could not be proven without the survey.
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    On May 9, 2003, the U.S. Attorney's Office for the District of Massachusetts announced that Bayer Corporation, the pharmaceutical manufacturer, had been sentenced and ordered to pay a criminal fine of $5,590,800 stemming from its earlier plea of guilty to violating the Federal Prescription Drug Marketing Act by failing to list with the FDA its drug product, Cipro, that was privately labeled for an HMO. Such listing is required under the federal Food, Drug &amp; Cosmetic Act. The Federal Prescription Drug Marketing Act, Pub. L. 100-293, enacted on April 22, 1988, as modified on August 26, 1992 by the Prescription Drug Amendments (PDA) Pub. L. 102-353, 106 Stat. 941, amended sections 301, 303, 503, and 801 of the Federal Food, Drug, and Cosmetic Act, codified at 21 U.S.C. '' 331, 333, 353, 381, to establish requirements for distributing prescription drug samples.
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