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Appeals Ruling Stresses Value of SEC Voluntary Settlements

Judge Jed Rakoff’s November 2011 ruling rejecting Citigroup’s settlement with the Securities and Exchange Commission sent tremors through the securities compliance world by challenging the seemingly...

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Abbott’s $1.6 Billion Settlement Stands as Cautionary Tale to Pharma Companies

A recent settlement by global pharmaceutical giant Abbott Laboratories over its promotion of the drug Depakote shows that federal regulators remain prepared to pursue drug manufacturers for promoting...

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Appeals Court Ruling Emphasizes Limits on Reach of SEC Anti-Fraud Powers

While the recent economic crisis brought newly invigorated political support for SEC enforcement against financial services companies, a recent case shows that the courts will still prevent the SEC...

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FBI Raid Targets For-Profit School in Florida: Was This Necessary?

When you hear of FBI agents descending upon a place, you might think of a hostage situation, a drug raid, or the penetration of a terrorist cell. But you probably wouldn’t assume that those armed...

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Obama Escalates ‘Fast and Furious’ Battle With Congress by Claiming Executive...

On June 20, 2012, President Barack Obama escalated a battle with the GOP-controlled House of Representatives by claiming executive privilege for 1300 executive-branch documents that relate to the White...

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Appeals Court Casts Doubt on Acceptability of ‘Obey-the Law’ Injunctions

We recently blogged about the recent decision of the U.S. Court of Appeals for the 11th Circuit in Securities and Exchange Commission v. Goble, 2012 WL 1918819 (11th Cir. May 29, 2012).  There, we...

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Will High Court Consider Key Issue Defining Prosecutorial Misconduct?

The Supreme Court will soon be considering whether to take up an interesting question involving when monetary sanctions may be imposed for prosecutorial misconduct. More than 50 former federal judges...

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Bill Could Put Reins on Prosecutors’ Efforts to Seize Domain Names

Rep. Zoe Lofgren (D-Calif), a senior member of the House Judiciary Committee, has indicated that she is drafting legislation that would seek to increase judicial oversight over prosecutors’ efforts to...

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Healthcare Fraud Recoveries at All-Time High Since 2009

Fiscal year 2013 marked the fourth consecutive year in which the Department of Justice has recovered at least $2 billion from cases involving charges of healthcare fraud.  Make no mistake: these...

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A New Remedy for Online Defamation

In the United States it is enormously difficult to remove allegedly defamatory information from the internet.  A victim can take the expensive and time-consuming step of suing the author for defamation...

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Options for Suing the Federal Government Under Bivens Unlikely to Expand

In 2001, federal inmate Richard Lee Pollard sustained two broken elbows after tripping over a cart in a privately operated prison housing federal inmates. He sued five prison employees for their...

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Judges’ New Scrutiny of Settlements May Make Life Difficult for Defendants

Recent headlines about the Securities and Exchange Commission have focused on Judge Jed S. Rakoff’s recent rejection of the agency’s proposed settlement of fraud charges with Citigroup Global Markets....

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Copyright & Trademark Protections- Is Metadata Included?

A Canadian federal court recently released an opinion holding that meta tags, at least in some circumstances, are not entitled to copyright protection.  Although the precedent is not binding in...

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Data Breach Lawsuits: Challenges Persist After Spokeo v. Robins

Data breaches are as common as the common cold—unfortunately, just as incurable. Run a news search on “data breaches” and you’ll find that all kinds of institutions—major retailers, tech companies,...

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