SEC Continues To Fight Off Collateral Challenge To Administrative Proceedings In The Wake Of Dodd-Frank

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Anyone finding him or herself on the receiving end of an SEC administrative enforcement action must wait until that one is over before seeking to raise judicial challenges, even those based on the U.S. Constitution, to the Commission’s proceeding.  At least that was the conclusion reached by a panel of the DC Circuit on Tuesday in the… Read more »

Construction Legal Edge Fall Newsletter 2015

Posted by & filed under Construction Legal Edge, Publications.

Articles in this Issue: 1) Veto Power: Babcock & Wilcox Holds That An Insured May Settle Despite The Insurer’s Objection 2) Claim Payments Under Subcontractor Default Insurance V. Surety Bonds – What Are The Differences? 3) OSHA’s New Combined Space Standards For Construction 4) Understanding Wrap-Up Insuance Programs: A Primer 5) Can A Subcontractor Recover… Read more »

Attorneys And Law Firms Remain On Sec’s Radar For Insider Trading Cases

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A series of recent high profile prosecutions of attorneys or persons affiliated with law firms for insider trading has highlighted the government’s concern about attorneys and law firm personnel misusing information shared by clients.  Law firms, particularly those representing public companies, are entrusted on a regular basis with sensitive information regarding proposed mergers, acquisitions and… Read more »

Brokers And Financial Advisors Risk Criminal Liability When Gaining Unauthorized Access To Confidential Client Information

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It is not uncommon in the financial services industry, particularly in matters involving the departure of partners or brokers, for there to be accusations that the departing person has taken with them confidential information.  Typically these disputes involve threats of or actual lawsuits and motions for injunctive relief, usually involving client lists and other proprietary… Read more »

Qui Tam Litigation: A Practitioner’s Symposium

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Marc S. Raspanti, Pamela C. Brecht and Michael A. Morse will be speaking at the ABA’s Criminal Justice Section and the White Collar Crime Southeast Region Subcommittee presenting Qui Tam Litigation: A Practitioner’s Symposium. For more information, please visit here.

DOJ Criminal Chief Reinforces New Focus On Individuals In Corporate Investigations And Prosecutions

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On Tuesday, Assistant Attorney General Leslie R. Caldwell expanded upon DOJ’s new policy focus on pursuing individuals in connection with the prosecution of corporate wrongdoing.  Assistant Attorney General Caldwell, speaking to the Second Annual Global Investigations Review Conference in New York, took the opportunity to throw the spotlight on the policy shift that was previously… Read more »

Former Peanut Company President And Two Others Sentenced For Roles In Salmonella-Tainted Product Outbreak

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On Monday, two former officials and one broker for the now defunct Peanut Corporation of America (“PCA”) were sentenced by Senior U.S. District Judge W. Lewis Sands of the Middle District of Georgia for their roles in a conspiracy to defraud customers by shipping salmonella-positive peanut products.  Stewart Parnell, the former owner and president of… Read more »

Chicago Area Medical Biller Sentenced To 45 Months For Role In $4 Million Home Healthcare Fraud Scheme

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On Friday, September 18, the medical biller for a Chicago-area visiting physician practice was sentenced to 45 months in prison, by U.S. District Judge Gary Feinerman of the Northern District of Illinois, for her role in a $4 million healthcare fraud scheme.  Mary Talaga was convicted in May of this year following a jury trial… Read more »

Broker Pleads Guilty To Insider Trading With Information Stolen From Law Firm

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A securities broker pleaded guilty on Wednesday in the U.S. District Court in Trenton to a securities fraud conspiracy that profited from his use of material inside information stolen from the New York office of a global law firm.  Contemporaneous with the plea, the government filed the criminal information detailing the charges, which also included… Read more »

3rd Annual Qui Tam Conference

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Marc S. Raspanti and Pamela C. Brecht will present at the 3rd Annual Qui Tam Conference in San Francisco, CA. Marc will speak on the Realtor’s Counsel: Strategic and Practical Considerations for a Successful Practice, and Pamela will speak on Medicare Part D Fraud: False Medicare Claims Involving Prescription Drug Coverage.