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  • Article

    FCA's "Implied Certification" Theory Survives

    We previously reported on the viability of the "implied certification" theory of FCA liability based on oral argument before the Supreme Court in Universal Health Services, Inc. v. U.S. ex rel. Escobar.
    United StatesGovernment, Public Sector
    Sheppard
    Sheppard
  • Article

    FDIC And Maryland End Joint Consent Orders Against Regional Bank

    On April 7, the FDIC and the Maryland Office of Financial Regulation terminated two consent orders against a regional bank headquartered in Maryland.
    United StatesGovernment, Public Sector
    Sheppard
    Sheppard
Article

FinCEN Proposes Two-Year Delay Of Investment Adviser AML Rule

On September 22, the Financial Crimes Enforcement Network proposed to delay the effective date of its Investment Adviser/CFT Program and SAR requirements for registered investment advisers...
United StatesGovernment, Public Sector
Sheppard
Sheppard
  • Article

    How To Prevent Or Defend Against Business Crimes, Including Trade Secrets And Human Trafficking

    The C-Suite rarely wants to consider, much less worry about, the impacts of criminal conduct on their business.
    United StatesGovernment, Public Sector
    Sheppard
    Sheppard
  • Article

    NDAA 889, Better Known As The Anti-Huawei Act

    "Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 prohibits the Federal Government from procuring or obtaining, or extending or renewing a contract
    United StatesGovernment, Public Sector
    Sheppard
    Sheppard
  • Article

    Proposed Rule Would Create A Separate, More Restrictive Standard For "Adequate Price Competition" For The DoD, NASA, And The Coast Guard

    On June 12, 2018, the Department of Defense ("DoD"), the General Services Administration, and NASA proposed a new rule that would limit the "adequate price competition" ...
    United StatesGovernment, Public Sector
    Sheppard
    Sheppard
  • Article

    Second-Lowest Bidder For Public Contracts May Sue Lowest Bidder Who Paid Less Than Prevailing Wages

    Public agencies have little, if any, discretion when awarding public contracts because they are required to award the contract to the lowest bidder, subject to certain minimum qualifications.
    United StatesGovernment, Public Sector
    Sheppard
    Sheppard
  • Article

    Surprise, Surprise, Congress Does Listen — Well, Kind Of

    An Analysis of NDAA Section 846's Online Marketplace Provisions
    United StatesGovernment, Public Sector
    Sheppard
    Sheppard
  • Article

    UPDATE: Congress And Trump Administration Repeal "Blacklisting" Rule, Relieving Contractors From Strict Labor Reporting And Other Requirements

    On March 27, 2017, President Donald Trump signed into law a Congressional Review Act ("CRA") resolution repealing the so-called "blacklisting" rule, which would have imposed strict labor reporting...
    United StatesGovernment, Public Sector
    Sheppard
    Sheppard
  • Article

    CFPB And DOJ Withdraw Joint Statement Addressing ECOA And Noncitizen Borrowers

    On January 12, the CFPB and DOJ withdrew their October 2023 joint statement addressing how creditors' consideration of immigration or citizenship status may intersect with the ECOA.
    United StatesImmigration
    Sheppard
    Sheppard
  • Article

    U.S. And China Strike Visa Deal

    The United States and China announced an agreement whereby visitors to both countries will now be able to apply for 10-year multiple entry visas.
    United StatesImmigration
    Sheppard
    Sheppard
  • Article

    Communicating Distress In The Digital Era

    During times of corporate uncertainty, the company's message to customers, vendors and employees can either instill confidence or foster anxiety.
    United StatesInsolvency/Bankruptcy/Re-Structuring
    Sheppard
    Sheppard
  • Article

    How To Turn A Bankruptcy Reorganization Into An Insider Trading Charge

    In In re Washington Mutual, Inc., No. 08-12229 (MFW), 2011 WL 4090757 (Bankr. D. Del. Sept. 13, 2011), the United States Bankruptcy Court for the District of Delaware denied confirmation of debtor Washington Mutual, Inc.’s ("WaMu") plan of reorganization.
    United StatesInsolvency/Bankruptcy/Re-Structuring
    Sheppard
    Sheppard
  • Article

    Restructure This! Episode 26: Turnaround And Performance Improvement Strategies With Kobus Van Der Zel [Replay]

    This episode is a replay of Episode 19 which originally aired on December 28, 2022, but includes updated restructuring news as of January 2024.
    United StatesInsolvency/Bankruptcy/Re-Structuring
    Sheppard
    Sheppard
  • Article

    Attorney Challenging First-Party Diminution Of Value Claims Sanctioned By Ninth Circuit

    For years, plaintiff's attorney Montie S. Day has sued California auto insurers, arguing that the policy exclusion precluding coverage for first-party...
    United StatesInsurance
    Sheppard
    Sheppard
  • Article

    DC Attorney General Settles With Title Insurance Companies Over Alleged Kickback Scheme

    On August 29, the DC Attorney General's office announced settlements with four title insurance companies over their widespread use of illegal kickbacks in violation of DC's Consumer Protection Procedures Act (CPPA).
    United StatesInsurance
    Sheppard
    Sheppard
  • Article

    New Court Of Appeal Decision Allows Insureds To Video Record Examinations Under Oath

    The court did not require the insured to use a professional videographer, thus, allowing the use of a smartphone for recording.
    United StatesInsurance
    Sheppard
    Sheppard
  • Article

    Federal Circuit Upholds Setting Aside Of Jury Verdict Where Trade Secrets Not Identified With Sufficient Particularity

    The Federal Circuit recently confirmed the importance of properly identifying the trade secrets underlying a claim under the Ohio Uniform Trade Secrets Act ("OUTSA")...
    United StatesIntellectual Property
    Sheppard
    Sheppard
  • Article

    Federal Circuit Upholds Setting Aside Of Jury Verdict Where Trade Secrets Not Identified With Sufficient Particularity

    The Federal Circuit recently confirmed the importance of properly identifying the trade secrets underlying a claim under the Ohio Uniform Trade Secrets Act ("OUTSA") [Ohio Rev. Code §§ 1333.61 et seq.].
    United StatesIntellectual Property
    Sheppard
    Sheppard
  • Article

    COVID-19 Prioritized Examination Pilot Program Now Available For Small And Micro Entities

    The United States Patent and Trademark Office (USPTO) today announced a new Prioritized Examination Pilot Program for qualified patent applications relating to COVID-19.
    United StatesIntellectual Property
    Sheppard
    Sheppard
  • Showing 741–760 of 8618 results

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