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Sidley Austin LLP | USA | 10 Apr 2019

Court dismisses DOJ's complaint against pharmacy and private equity fund but permits re-pleading

The Department of Justice (DOJ) is pursuing a compounding pharmacy and its private equity fund owner, alleging that the pharmacy filed claims with Tricare that were rendered false by alleged kickbacks. However, a magistrate judge has filed an opinion recommending that the False Claims Act claims be dismissed due to the DOJ's failure to adequately plead its claims on either an implied or......
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Oon & Bazul LLP | Singapore | 29 Mar 2019

First recognition of US bankruptcy proceedings as foreign main proceedings under Singapore Model Law

The Singapore High Court recently delivered a landmark decision on the recognition of foreign bankruptcy proceedings and the public policy exception under the Singapore Model Law. In this groundbreaking decision, the court ruled on several matters relating to the law for the first time, including the relevant date and other factors for determining a debtor's centre of main interests.
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Hogan Lovells | USA | 18 Mar 2019

Justice Manual and FCPA enforcement

Throughout 2018 the Department of Justice (DOJ) continued to ring the clarion call for cooperation and sought to provide some certainty, consistency and coordination regarding the incentives offered to companies that provide voluntary disclosures. In particular, the DOJ centralised its guidance memoranda into what is now known as the Justice Manual. The DOJ's goals were to identify......
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RPC | United Kingdom | 11 Dec 2018

When will courts grant retrospective permission for disclosed documents to be used outside main litigation?

The High Court recently considered applications for retrospective permission to make collateral use of documents disclosed under a pre-action disclosure order where there had been a breach of the implied undertaking as to the use of disclosed documents. Although retrospective permission may be given, an application for permission should not be used to circumvent the usual procedure for......
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Hogan Lovells | USA | 12 Nov 2018

Is President Trump changing how US foreign bribery law is enforced?

After the election of President Donald Trump, many observers wondered whether the US Department of Justice (DOJ) would change the way in which it enforces the Foreign Corrupt Practices Act. As the halfway point of Trump's first term in office approaches, it seems that the DOJ has not made any dramatic changes to the enforcement philosophy followed during prior administrations.
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Oon & Bazul LLP | Singapore | 28 Sep 2018

Public policy in cross-border insolvency under Singapore Model Law

The Singapore High Court recently delivered a landmark decision on the question of public policy under the United Nations Commission on International Trade Law Model Law on Cross-Border Insolvency, as adopted by Singapore in the Tenth Schedule to the Companies Act (the Singapore Model Law). This is the first reported decision in which a Singapore court has been faced with the question of......
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Freshfields Bruckhaus Deringer | Japan, USA | 14 Jun 2018

JFTC considers application of Anti-monopoly Act to HR practices

In recent years, there has been a selection of work-style reforms in Japan, as well as a general move away from lifetime employment and a welcoming of more diversified ways of working, such as self-employment. In this context, the Japan Fair Trade Commission recently published its Report of Study Group on Human Resource and Competition Policy. The report covers three substantive topics:......
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Sidley Austin LLP | USA | 11 Jun 2018

EPA's OECA assistant administrator requests early notice of enforcement referrals to DOJ

The assistant administrator of the Environmental Protection Agency's (EPA's) Office of Enforcement and Compliance Assurance recently issued to staff a memorandum establishing an interim process for providing her with early notice of referral of matters to the Department of Justice (DOJ) for civil judicial enforcement. The memorandum requests that EPA case teams contemplating a DOJ referral......
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Sidley Austin LLP | USA | 21 Mar 2018

Department of Justice pursues private equity firm for portfolio company False Claims Act violations

The US Department of Justice (DOJ) recently filed a complaint in intervention against a compounding pharmacy, alleging that it had violated the False Claims Act by paying illegal kickbacks to induce prescriptions for drugs reimbursed by TRICARE, the federal healthcare programme for active duty military personnel, retirees and their families. Notably, the DOJ was also pursuing claims against a......
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Sidley Austin LLP | USA | 26 Feb 2018

New DOJ policy on guidance documents may affect environment enforcement cases

The Department of Justice (DOJ) recently issued a new policy in order to prohibit the department from using its civil enforcement authority to compel compliance with agency guidance documents. The policy has major implications for civil environmental enforcement actions, such as new source review cases and Clean Water Act matters in which the DOJ relies heavily on Environmental Protection......
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