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My Lawyer Said It Was OK: ‘Scully’ and Defending Based on Reliance on Counsel
  • Morvillo Abramowitz Grand Iason & Anello PC
  • USA
  • April 3 2018

Good faith reliance on counsel can be a critical line of defense for the accused in white-collar referred to as the "involvement of counsel" defense

False Claims Act's "Rigorous" Materiality Standard Enforced by Second Circuit
  • Jones Day
  • USA
  • January 11 2018

A decision by the U.S. Court of Appeals for the Second Circuit reinforces the growing body of case law regarding the strict materiality requirements

Second Circuit Finds That The Government’s Continued Payment In The Face of Fraud Allegations Undercuts Materiality
  • Sidley Austin LLP
  • USA
  • January 2 2018

The Supreme Court emphasized in Escobar that questions of materiality are not "too fact intensive for courts" to decide through a motion to dismiss

Escobar's Effect on False Claims Act Qui Tam Actions
  • Dinsmore & Shohl LLP
  • USA
  • October 2 2017

The False Claims Act (FCA or Act) can be a real punch in the gut for businesses on the wrong side of an FCA claim. The Act, codified at 31 U.S.C.

Inside the Courts - An Update From Skadden Securities Litigators
  • Skadden Arps Slate Meagher & Flom LLP
  • USA
  • September 27 2017

The U.S. Supreme Court resolved a circuit split by deciding that the three-year limit for filing lawsuits under Section 13 of the Securities Act is a

The Past, Present, and Future of Government Regulation of Off-Label Communications - Part 4
  • Mintz
  • USA
  • August 14 2017

Picking up from my last installment of this series exploring the regulatory history of off-label communication, this post highlights some recent

FDA’s Delay of the Menu Labeling Rule Challenged
  • McDermott Will & Emery
  • USA
  • June 29 2017

Two consumer advocacy groups recently sued the Food and Drug Administration (FDA) for delaying the compliance deadline for the agency's 2014 menu

FCA Issues to Watch: Pharmaceutical and Device Developments
  • Bass, Berry & Sims PLC
  • USA
  • May 15 2017

The government’s FCA enforcement efforts have continued to focus on key areas concerning the pharmaceutical and medical device industries. In fact

Faxed Dinner Invite May Violate TCPA, Second Circuit Rules
  • Manatt Phelps & Phillips LLP
  • USA
  • March 21 2017

The U.S. Court of Appeals for the Second Circuit handed a loss to a pharmaceutical company in a Telephone Consumer Protection Act action, reversing

Myths & Misconceptions of Biotech Securities Claims: An Analysis of Motion to Dismiss Results from 2005-2016
  • Lane Powell PC
  • USA
  • March 15 2017

Small, development stage biotech companies are widely considered to be attractive targets for securities actions given the