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In the watershed 1986 amendments to the False Claims Act (FCA), Congress added a provision, 31 U.S.C. § 3730(e)(4), which sought to avoid parasitic suits by prohibiting qui tam suits in which relators rely on public information, commonly known as the "public disclosure bar.

For some participants in the debt and credit markets, insider trading risks seem like a problem for someone else. There is some statistical basis for that assumption; the law of insider trading has been developed largely through cases involving the equity markets. There is no basis, however, for a sense of immunity.

A discussion on the topic of acquisitions and IP licences.

The Delaware Chancery Court has issued an opinion addressing the validity of cancelling compensatory stock options in merger transactions. The Court holds that, in a 2004 merger transaction, a target and acquiror improperly cancelled options for their "intrinsic value" (i.e., the excess of the per share price in the transaction over the exercise price of the option), and the Court instead applied a Black-Scholes valuation to the cancelled options.

United States District Judge Richard Bennett, a former U.S. Attorney, rejected attempts by his former Justice Department colleagues to use a Civil Investigative Demand ("CID") to attempt to gather the information necessary to overcome a Rule 9(b) dismissal of the government’s False Claims Act ("FCA") complaint.

For years, the circuit courts have been clearly and deeply split on the issue of what "public disclosure" means when the qui tam relator learns critical elements of his or her claim as a result of receiving documents from a government agency under the Freedom of Information Act ("FOIA").

On January 14, 2010, the Commodity Futures Trading Commission ("CFTC") approved for publication in the Federal Register proposed rule amendments that would establish position limits for futures and options contracts in four major energy commodities (light sweet crude oil (West Texas Intermediate or WTI), New York Harbor gasoline blendstock, New York Harbor No. 2 heating oil, and Henry Hub natural gas) (the "Proposed Rules").

U.S. persons required to file a Report of Foreign Bank and Financial Accounts ("FBAR") should be aware that FBARs generally are due June 30, 2011 for both (i) 2010 and (ii) prior years for which the due date was extended under prior IRS guidance.

In order to resolve the "falsity" element in many False Claims Act ("FCA") cases, courts often must grapple with the meaning of the contractual or regulatory term alleged to have been violated.

The Securities and Exchange Commission ("SEC") recently approved the Financial Industry Regulatory Authority’s ("FINRA") proposed revisions to its rules on Communications with the Public.

Effective tomorrow, December 12, 2008, government contractors must implement a new mandatory disclosure requirement under the Federal Acquisition Regulation that is triggered whenever they have "credible evidence" of a False Claims Act violation.

On February 17, 2009, President Barack Obama signed into law the American Recovery and Reinvestment Act of 2009 (“ARRA”).

SEC enforcement actions often include allegations that corporate officers affirmatively misled a company’s outside auditors as part of a scheme to commit and perpetuate an accounting fraud.

On December 27, the SEC released the text of its proposed new rules that would impact advisers to hedge funds and other pooled investment vehicles. The SEC originally voted to propose the new rules on December 13. As described more fully below, the proposed new rules would prohibit advisers to pooled investment vehicles from making false or misleading statements or otherwise defrauding investors or prospective investors in those vehicles.

Much of the current debate surrounding health care reform has focused on entitlements and the mechanisms for paying for them.

Effective December 12, 2008, government contractors must implement a new mandatory disclosure requirement under the Federal Acquisition Regulation ("FAR") that is triggered whenever they have "credible evidence" of a False Claims Act violation.

A recent speech given by David W. Blass, the Chief Counsel of the Division of Trading and Markets at the Securities and Exchange Commission and enforcement proceedings brought against a finder who was found to be acting as an unregistered broker-dealer and a private fund adviser which engaged him indicate that the SEC has a renewed interest in the way in which private funds, including hedge funds, private equity funds and real estate funds, market and solicit investors for such funds.

As courts and federal agencies grapple with worker classification in an evolving economy, knowing how a worker is classified for tax and employment purposes is crucial for businesses of any size and the professionals advising them.