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Supreme Court Cert Denials: Beyond the Headlines

While legal analysts focus on landmark Supreme Court decisions each term, equally significant are the cases the Court declines to hear. These certiorari denials often reveal critical jurisprudential trends that shape...more

Record Number of Qui Tam Actions Filed in Fiscal Year 2024

The U.S. Department of Justice (“DOJ”) recently announced that in fiscal year 2024 (“FY2024”), settlements and judgments under the False Claims Act (“FCA”) exceeded $2.9 billion. Over $2.4 billion of such settlements and...more

Time’s Up for the SEC’s ‘Gag Rule’? Predictions on Its Potential Demise

Since 1972, the U.S. Securities and Exchange Commission (SEC) has enforced an informal yet impactful provision, Rule 202.5(e) (17 § C.F.R. 202.5(e)), commonly referred to as the “No Admit No Deny” or just “No Deny” policy or,...more

Making Strides Toward Whistleblower Protection Law in Europe: Spain’s Implementation of the EU Whistleblower Directive

The European Union adopted the Whistleblower Protection Directive in 2019, seeking to establish a uniform complainant protection regime across EU Member States for individuals that report violations of a wide range of EU...more

Breaking Precedent: Florida Court Declares False Claims Act Qui Tam Provisions Unconstitutional

On September 30, 2024, Judge Kathryn Mizelle of the U.S. District Court for the Middle District of Florida issued a noteworthy decision in United States ex rel. Zafirov v. Florida Medical Associates, LLC, holding that the qui...more

After Jarkesy, What Is Next for In-House Enforcement Proceedings?

Much virtual ink has been spilled in the weeks and months since the Supreme Court issued its opinion in Securities and Exchange Commission v. Jarkesy—much attesting to that the decision was the death knell for in-house...more

DOJ’s Corporate Whistleblower Awards Pilot Program Is Open for Business

On August 1, 2024, the United States Department of Justice’s (DOJ) Criminal Division announced the details of its much-anticipated Corporate Whistleblower Awards Pilot Program. This program is designed to incentivize...more

FinCEN Is Engaged in Rulemaking to Modernize Anti-Money Laundering (AML) and Countering the Financing of Terrorism (CFT) Programs;...

On June 28, 2024, the U.S. Department of the Treasury’s Financial Crimes Enforcement Network (“FinCEN”) issued proposed rules to modernize and improve financial institutions’ anti-money laundering and countering the financing...more

Big Deal / Little Deal: Why the U.S. Supreme Court’s Loper Bright Opinion Is a Gamechanger While Its Jarkesy Opinion Is...

The final week of June was a big one for those who have been following what seems to be a constriction of federal agency power under Chief Justice Roberts.  A decision in Securities and Exchange Commission v. Jarkesy came on...more

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