Though legislation overhauling the U.K.'s antitrust system finally passed Thursday, key questions remain about how the new consolidated competition authority will approach mergers over the long term, pursue antitrust probes under new deadlines and use its enhanced criminal authority when the changes kick in next year, attorneys said.
Weighing in on initiatives to crack down on public fraud after a spate of recent bribery arrests, a Republican lawmaker in the New York State Assembly told Law360 on Wednesday that the Empire State should consider amending its constitution to let voters give elected officials a pink slip.
A Washington federal judge seemed unlikely Wednesday to toss House Republicans' lawsuit seeking U.S. Department of Justice documents related to the controversial Fast and Furious gun-tracking program, saying the agency's arguments ignored the court's check-and-balance role among government branches.
The U.S. Securities and Exchange Commission’s new chair on Monday officially appointed her former colleague at Debevoise & Plimpton LLP, onetime prosecutor Andrew J. Ceresney, to co-lead the agency’s division of enforcement.
Newly installed U.S. Securities and Exchange Commission Chairman Mary Jo White will soon appoint as enforcement director her former colleague at Debevoise & Plimpton LLP, onetime prosecutor Andrew J. Ceresney, a person familiar with the matter said Thursday.
The Florida Senate Rules Committee on Wednesday approved a pair of bills designed to modernize the Florida False Claims Act, in part by providing law enforcement with subpoena power for non-Medicaid fraud cases.
A Pennsylvania state representative on Wednesday unveiled legislation that would eliminate the state's Turnpike Commission, a month after former high-ranking officials with the commission and a former state senator were indicted over an alleged bid-rigging and pay-to-play scheme with vendors.
A 1947 state law giving New York City political party bosses sway over who runs for elective office on their ticket has to go, Gov. Andrew Cuomo said Wednesday, as he pushed broad election law reforms as part of an anti-corruption crackdown in the wake of two high-profile public bribery busts.
Two people tied to the campaign of New York City mayoral candidate John Liu tried to “corrupt” the democratic process by working to circumvent campaign donation laws, a federal prosecutor told a jury Tuesday.
Stung by the recent arrests for bribery of two Democratic state lawmakers, New York State Senate Democrats on Monday proposed an anti-corruption initiative that includes restrictions on how political war chests can be spent, campaign finance reform and stripping convicted politicians of pension payments.
The U.S. Department of Justice said Friday it would no longer publicly name the executives excluded from immunity granted in corporate cartel plea agreements and would limit those so-called carveouts to individuals who may have played a role in the price-fixing plot.
New York prosecutors hailed Gov. Andrew Cuomo's proposal under a new anti-public corruption initiative to strip witnesses in state grand jury probes of blanket immunity from prosecution, but the defense bar said such a change could hinder prosecutorial efforts by reducing witnesses' willingness to speak freely.
President Barack Obama wants to raise discretionary funding for the U.S. Department of Justice to $27.6 billion, a 3.1 percent increase over 2012 levels, which includes hundreds of millions for programs to combat gun violence and enhance cybersecurity, according to his Wednesday budget proposal.
The anti-corruption policy flu spread from Albany to New York City Wednesday as Bill de Blasio, the city's public advocate, unveiled a proposal for more disclosure, less discretionary spending and tougher criminal penalties in the wake of the bribery arrest of a city councilman.
Gov. Andrew Cuomo's proposal to make New York public officials who fail to report bribery attempts subject to prosecution could go a long way toward deterring the rampant public corruption in Empire State politics that has generated a slew of high-profile arrests, legal experts said.
Last week's arrests of elected officials and party leaders on federal corruption charges gives New York state the chance to fix its campaign finance laws — and to give state prosecutors better tools to bring their own cases, Gov. Andrew Cuomo said Monday.
After meeting with European Union official Viviane Reding on Thursday, U.S. Attorney General Eric Holder said he was optimistic that the sides would soon agree on a framework for sharing personal data used in criminal investigations, despite vast differences in their privacy policies.
Pennsylvania's governor on Thursday canceled an $8.6 million information technology contract and ordered a comprehensive review of other contracts awarded by the state's Turnpike Commission in the wake of March indictments accusing high-ranking officials and contractors of bid-riggings and bribery.
Democrat Eric A. Stevenson became the latest Empire State lawmaker to be charged with bribery Thursday as federal authorities accused the assemblyman of accepting envelopes full of cash from developers to help create a “local monopoly” for two planned adult day care centers in the Bronx.
The New York City election and real estate bribery bust that ensnared six politicos could spread to others, but the filing of federal charges could also mean that the two better-known lawmakers-turned-suspects had no interest in cooperating with the probe, an expert said Wednesday.
The growth and prevalence of social media in recent years has enabled lawyers and their jury consultants to make more educated and sophisticated decisions during the jury selection process. But there are several ethics opinions that suggest that the use of LinkedIn for jury research would constitute an ethical violation, say William O’Neil and Derek Sarafa of Winston & Strawn LLP.
In U.S. v. Vilar, the Second Circuit recently held that the presumption against extraterritoriality applies to criminal cases, resolving a key question left open by the U.S. Supreme Court in Morrison v. National Australia Bank. The opinion closes one possible avenue for prosecution of foreign individuals and companies but leaves open many questions in its wake, say attorneys with Morrison & Foerster LLP.
The theft of corporate trade secrets and other intellectual property is a growing concern — both for victims of theft and those accused of such misappropriation. Companies face threats not only from individuals or companies but also from foreign governments. And allegations of misappropriation of trade secrets or other intellectual property expose companies and individuals to serious criminal and civil liability, say attorneys with Squire Sanders LLP.
Two years after the government prosecution was abruptly terminated, prosecutors in the Lauren Stevens case continue to believe that her actions went beyond zealously representing her client and she got away with lying to the government about GlaxoSmithKline PLC's program of off-label promotion. The case offers lessons for in-house counsel in how to avoid the government’s crosshairs when responding to an inquiry or subpoena, says Jonathan Kotlier of Nutter McClennen & Fish LLP.
Enforcement agencies in Hong Kong and the United States have been pursuing Tiger Asia Management and its affiliates for four years with claims of insider trading and market manipulation on the Hong Kong Stock Exchange. In Hong Kong, that pursuit has resulted in an important legal precedent, while the U.S. Securities and Exchange Commission has demonstrated its international reach — despite the Supreme Court ruling in Morrison v. National Bank of Australia, say attorneys with Dorsey & Whitney LLP.
Although U.S. import laws provide for both criminal and civil enforcement, the United States has generally pursued civil enforcement of customs violations. The government, however, has recently increased its use of criminal enforcement techniques and intensified civil penalty cases in response to high-profile violations and large amounts of uncollected import duties, says Diane MacDonald of Baker & McKenzie LLP.
In U.S. v. Bruno, the Second Circuit recently delivered two weapons to the government to use in fighting double jeopardy arguments. While the surprisingly brief decision does not have precedential effect on its own, there is no doubt that its reasoning will be used by future litigants, say Grayson Yeargin and Anthony Chavez of Nixon Peabody LLP.
From audits to Civil Monetary Penalties Act and False Claims Act liability, the penalties to health care providers for improper charting and billing are significant. Because the federal government is using every tool available to fight health care fraud, providers should immediately begin proactive self-audit to avoid significant fines and harmful consequences, say Thomas Hess and Simi Botic of Dinsmore & Shohl LLP.
Because of the way our brains are hard-wired, opportunities for settlement are often lost — our human tendencies cause us to get in our own way. By recognizing these tendencies, fighting to avoid them and implementing systems that help recognize potential leverage points, litigants can achieve faster, and often better, settlements, says John Watkins of Thompson Hine LLP.
It is highly unusual for the U.S. Securities and Exchange Commission to reject settlements that have been negotiated by the Enforcement Division. In the case of Harbinger Capital, however, it appears the commission did so at least in part because of its determination to require admissions of wrongdoing in certain matters going forward. Consequently, the settlement they ultimately achieved portends a new enforcement climate, say attorneys with Mayer Brown LLP.