On June 27, 2024, the U.S. Supreme Court issued its decision in Securities and Exchange Commission v. Jarkesy. In a 6-3 decision, the Court ruled that securities fraud claims seeking civil penalties must be decided by a jury...more
7/17/2024
/ Administrative Authority ,
Administrative Law Judge (ALJ) ,
Administrative Proceedings ,
Enforcement Actions ,
Financial Institutions ,
Jury Trial ,
Public Rights Doctrine ,
SCOTUS ,
SEC v Jarkesy ,
Securities and Exchange Commission (SEC) ,
Securities Fraud ,
Securities Litigation ,
Securities Regulation ,
Seventh Amendment
This is the first in our 2023 series examining important trends in white collar law and investigations. Up next: criminal tax enforcement.
The False Claims Act (or “FCA”) continued to drive significant enforcement...more
2/14/2023
/ Cybersecurity ,
Department of Justice (DOJ) ,
Enforcement Actions ,
False Claims Act (FCA) ,
Fraud ,
Healthcare ,
Popular ,
SCOTUS ,
US ex rel Thomas Proctor v Safeway Inc ,
Whistleblowers ,
White Collar Crimes
This is the seventh post in this year’s series examining important trends in white collar law and investigations. Our previous post discussed SEC Enforcement in 2022: A Look Ahead. Up next: ESG and the SEC: What’s Next on the...more
3/3/2022
/ Coronavirus/COVID-19 ,
Corporate Counsel ,
Cybersecurity ,
Cybersecurity Information Sharing Act (CISA) ,
Department of Justice (DOJ) ,
Enforcement Actions ,
False Claims Act (FCA) ,
Fraud ,
Health Care Providers ,
Healthcare Fraud ,
Kickbacks ,
Whistleblowers
On December 6, 2021, New York City announced a vaccine mandate for all private-sector employers that will take effect on December 27, 2021. The mandate, which will require all in-person employees who are in a workplace with...more
12/7/2021
/ Coronavirus/COVID-19 ,
Corporate Counsel ,
Deadlines ,
Employees ,
Employer Liability Issues ,
Employer Mandates ,
Enforcement Actions ,
Mayor de Blasio ,
New York ,
Private Sector ,
Reasonable Accommodation ,
State Legislatures ,
Vaccinations
As we anticipated last spring, the Department of Justice (DOJ) has signaled that it will utilize civil enforcement of the False Claims Act (FCA) to address new and emerging cybersecurity threats. On October 6, 2021, Deputy...more
10/18/2021
/ Cyber Attacks ,
Cyber Threats ,
Cybersecurity ,
Data Privacy ,
Data Protection ,
Data Security ,
Department of Justice (DOJ) ,
Enforcement Actions ,
False Claims Act (FCA) ,
Federal Contractors ,
Fraud ,
Ransomware
This is the sixth in our First 100 Days series examining important trends in white collar law and investigations in the early days of the Biden administration. Our previous entry discussed ESG initiatives by the SEC. Up next...more
3/31/2021
/ Biden Administration ,
Cybersecurity ,
Department of Justice (DOJ) ,
Enforcement Actions ,
False Claims Act (FCA) ,
Fraud and Abuse ,
Health Care Providers ,
Healthcare ,
Healthcare Fraud ,
Pharmaceutical Industry ,
Popular ,
Qui Tam