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Results: 1-10 of 104

Add importers to those facing expanding whistleblower claims under the False Claims Act

  • Sheppard Mullin Richter & Hampton LLP
  • -
  • USA
  • -
  • March 24 2015

On February 12, 2015, the Department of Justice (“DOJ”) announced that three U.S.-based importers had agreed to pay more than $3 million to resolve a

Siemens whistleblower complaint underscores need for "top-down" anti-corruption compliance

  • Sheppard Mullin Richter & Hampton LLP
  • -
  • USA
  • -
  • January 28 2013

In 2008, Siemens AG paid $800 million to settle charges that it had violated the Foreign Corrupt Practices Act, which generally prohibits bribery of

Even the bagman: foreign agent sentenced to thirty month prison term for FCPA violations

  • Sheppard Mullin Richter & Hampton LLP
  • -
  • USA
  • -
  • January 17 2012

On December 22, 2011, Ousama Naaman, a former agent for Innospec Inc., was sentenced to serve 30 months in prison and pay a fine of $250,000 following his guilty plea to charges of violating the FCPA and conspiracy to violate the FCPA, among others

Second Circuit holds that federal common law prohibits trading by insiders of a Cayman Islands corporation while in possession of material nonpublic information

  • Sheppard Mullin Richter & Hampton LLP
  • -
  • Cayman Islands, USA
  • -
  • February 4 2014

In Steginsky v. Xcelera Inc., Nos. 13-1327-cv, 13-1892-cv, 2014 WL 274419 (2d Cir. Jan. 27, 2014), the United States Court of Appeals for the Second

Dodd-Frank whistleblower protection: for America only

  • Sheppard Mullin Richter & Hampton LLP
  • -
  • USA
  • -
  • November 13 2013

The U.S. District Court for the Southern District of New York has held that the whistleblower protection provisions of the Dodd-Frank Act do not

Add importers to those facing expanding whistleblower claims under the False Claims Act

  • Sheppard Mullin Richter & Hampton LLP
  • -
  • USA
  • -
  • March 5 2015

On February 12, 2015, the Department of Justice (DOJ) announced that three U.S.-based importers had agreed to pay more than $3 million to resolve a

Ninth Circuit rejects theory of "collective scienter" and reaffirms pre-Tellabs authority applying heightened requirements for pleading scienter in securities fraud actions

  • Sheppard Mullin Richter & Hampton LLP
  • -
  • USA
  • -
  • December 4 2008

In Glazer Capital Management, LP v. Magistri, 2008 WL 5003306 (9th Cir. Nov. 26, 2008), the United States Court of Appeals for the Ninth Circuit held that when pleading scienter as to a corporate defendant, the Private Securities Litigation Reform Act of 1995 (the “Reform Act”) “requires plaintiff to plead scienter with respect to those individuals who actually made the false statements.”

Supreme Court severely limits secondary actors' exposure to securities fraud lawsuits

  • Sheppard Mullin Richter & Hampton LLP
  • -
  • USA
  • -
  • January 17 2008

In Stoneridge Investment Partners, LLC v. Scientific-Atlanta, Inc., 2008 WL 123801 (U.S. Jan. 15, 2008) (Kennedy, J.), the Supreme Court rejected an attempt by a class action plaintiff to assert securities fraud claims against suppliers and customers of an issuer in whose stock the plaintiff invested

Ninth Circuit reaffirms particularity requirement in securities fraud actions for pleading scienter

  • Sheppard Mullin Richter & Hampton LLP
  • -
  • USA
  • -
  • February 3 2009

In Zucco Partners, LLC v. Digimarc Corp., 2009 WL 57081 (9th Cir. Jan. 12, 2009), the United States Court of Appeals for the Ninth Circuit reaffirmed that when pleading a claim for securities fraud under the Private Securities Litigation Reform Act of 1995 (the “Reform Act”), plaintiffs are bound by prior Ninth Circuit authority that requires them to plead particularized facts giving rise to a strong inference that defendants knew, or were deliberately reckless in not knowing, that their statements were false when made

Ninth Circuit allows reinstatement of criminal fraud charges against defendants who voluntarily cooperated with SEC investigators

  • Sheppard Mullin Richter & Hampton LLP
  • -
  • USA
  • -
  • April 30 2008

In United States v. Stringer, 2008 WL 901563 (9th Cir. Apr. 4, 2008), the United States Court of Appeals for the Ninth Circuit vacated a final order of the United States District Court for the District of Oregon that had dismissed criminal indictments against three individual defendants