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The Future of the False Claims Act

On May 19, 2025, Deputy Attorney General Todd Blanche issued a memorandum titled Civil Rights Fraud Initiative announcing the Department of Justice’s (DOJ) plan to use the False Claims Act (FCA) to “aggressively” pursue...more

Fifth Circuit Requires Jury Trials for SEC Fraud Defendants

On May 18, the U.S. Court of Appeals for the Fifth Circuit held that defendants in SEC enforcement actions for fraud are entitled to jury trials in federal court rather than simply appearing before an SEC administrative law...more

District Court Imposes Limits on the Extraterritorial Reach of the Foreign Corrupt Practices Act and the Money Laundering Control...

In a rare court-room victory for a Foreign Corrupt Practices Act (FCPA)1 defendant, on November 10, 2021, the United States District Court for the Southern District of Texas dismissed a three-count indictment against Daisy...more

SDNY Decision Makes It Harder For Employers To Recoup Legal Fees From Convicted Employees

Companies commonly advance millions in legal fees to employees fighting securities fraud and other charges related to work performed in connection with the employment. When employees proceed to trial, that number can balloon...more

COVID-19 Regulatory Update: What The Cheesecake Factory Settlement With The SEC Means For Issuers

On December 4, 2020, the Securities and Exchange Commission (SEC) announced a settlement with the Cheesecake Factory Inc. asserting that the company issued materially misleading disclosures about the risk that the COVID-19...more

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