Publications
-
01.13.2020DOJ Recovers More Than $3 Billion in False Claims Act Cases in FY 2019UpdatesThe Department of Justice (DOJ) recovered more than $3 billion in settlements and judgments from civil cases involving the False Claims Act (FCA) in the fiscal year ending September 30, 2019, according to statistics released by DOJ on January 9, 2020.
-
06.17.2016SCOTUS Decision on Implied Certification Theory of Liability Under FCA Leaves Many Questions UnansweredUpdatesThe U.S. Supreme Court handed down an important decision on June 16, 2016 that expands the scope of liability under the False Claims Act, 31 U.S.C. §§ 3729-3733.
-
04.21.2016Supreme Court Poised to Resolve Circuit Split on False Claims Act Liability Under Theory of Implied CertificationUpdatesThe U.S. Supreme Court is poised to resolve a circuit split over the False Claims Act (FCA) that could have broad implications for those that do business with the federal government.
-
05.28.2015Supreme Court’s Mixed Decision on False Claims Act DefensesUpdatesThe United States Supreme Court handed False Claims Act (FCA) defendants a mixed decision on May 26, 2015. In a win for defendants, the Supreme Court held that the statute of limitations for False Claims Act lawsuits was not suspended for the duration of the Iraq and Afghanistan conflicts.
-
07.17.2012LIBOR Rate-Fixing Scandal Deepens as Potential Plaintiffs Consider Legal OptionsUpdatesIn the wake of the recent admissions by Barclays Bank PLC that its traders sought to manipulate the London Interbank Offered Rate ("LIBOR"), corporations and other investors are only now beginning to appreciate the magnitude of the scandal and to consider how it might impact their own investments.
-
05.20.2011Supreme Court Limits Use of FOIA In False Claims Act CasesUpdatesA U.S. Supreme Court decision handed down on May 16, 2011, restricts the information upon which a private plaintiff can base a False Claims Act case. Private plaintiffs have often used the Freedom of Information Act ("FOIA") to obtain information from government agencies to bolster claims under the False Claims Act.
-
09.08.2009Ninth Circuit Announces Enhanced Ground Rules for Computer SearchesUpdatesThe federal government's long-running investigation into steroid use in Major League Baseball has yielded more than just newspaper headlines and embarrassed sluggers. Last week, an en banc panel of the Ninth Circuit Court of Appeals reviewing the steroid investigation announced new and enhanced guidelines applicable to all search warrants for electronically stored information ("ESI") in the Ninth Circuit.
-
07.28.2009Federal District Court in Dallas Dismisses SEC Complaint Attempting to Broaden Insider Trading Liability Under Misappropriation TheoryUpdatesOn July 17, 2009, a federal district court in Texas dismissed an insider trading suit brought by the Securities and Exchange Commission (SEC) against Mark Cuban, the high-profile owner of the NBA's Dallas Mavericks.
-
02.10.2009D&O Insurance in a Year of UncertaintyUpdatesWhile the downturn in the economy has adversely affected the sellers of directors’ and officers’ liability insurance – much as it has companies in all sectors of the economy – investing in D&O insurance is still a wise course of action. This Update offers nine suggestions for ensuring that a company’s directors and officers are adequately protected in this environment against potential liabilities that D&O insurance normally would pay.
-
02.2009Second Circuit Says No Cutback on Corporate Criminal Liability – Decision Underscores the Importance of Corporate Compliance ProgramsUpdatesIn a closely watched case, the Second Circuit Court of Appeals has refused to cut back on traditional standards for corporate criminal liability. The Association of Corporate Counsel, the U.S. Chamber of Commerce and other groups had asked the court to depart from a century of judicial precedent holding corporations broadly liable for criminal acts committed by employees. The groups argued that such broad vicarious criminal liability was counterproductive and asked the court to bar corporate criminal liability unless prosecutors could show that the corporation lacked an effective compliance program.
-
10.2008SEC Enforcement Division Releases Internal Enforcement ManualUpdatesOn October 6th, the Securities Exchange Commission (SEC) released its Enforcement Division manual to the general public for the first time.
-
06.19.2008Practice Tips: Auditors and Internal InvestigationsUpdatesAuditors today routinely request information about internal investigations.
-
07.28.2006Decision in Washington Derivative Case Highlights Benefits of Good Governance PracticesUpdatesIn a decision generally protective of directors and officers, a Seattle federal district court recently held that shareholders who seek to bring derivative claims under Washington law must meet requirements similar to those imposed under Delaware law. In re Cray, Inc., 431 F. Supp. 2d 1114 (W.D. Wash. 2006).
-
01.19.2006In the Penalty Box or Skating By? New Guidelines Shape SEC EnforcementUpdatesIn recent years the SEC has dramatically increased the size of civil penalties it seeks from companies accused of violating the federal securities laws. Critics questioned the SEC's lack of standards for determining such penalties and argued that the SEC's approach simply heaped additional punishment on the very same shareholders who were victimized by the company's violations.
-
10.14.2005A Neer Miss for CFOs and CEOs — Federal Court Finds No Private Right of Action Under Sarbanes-Oxley Section 304UpdatesIn the first case to directly address the question, a federal district court has held that private parties have no right to enforce Section 304 of the Sarbanes-Oxley Act of 2002. Neer v. Pelino, No. 04-CV-04791-SD (E.D. Pa. Sept. 27, 2005). Instead, the court held that only the SEC can enforce Section 304.
-
09.13.2005Too Fine a Point? Court Dismisses SEC Regulation FD EnforcementUpdatesA judge in the U.S. District Court for the Southern District of New York recently dismissed the SEC's first Regulation FD enforcement action to be tested in federal courts. In dismissing the action against Siebel Systems and two of its officers, the Court took the SEC to task for its overly aggressive enforcement of Regulation FD.
-
07.01.2005U.S. Supreme Court Reverses Criminal Conviction of Arthur Andersen in Enron ScandalUpdatesIn a unanimous decision, the U.S. Supreme Court recently reversed Arthur Andersen's criminal conviction for violating a federal witness tampering statute by encouraging its employees to shred Enron documents pursuant to a document retention policy. Arthur Andersen LLP v. United States, 125 S. Ct. 2129, 2005 WL 1262915 (U.S. May 31, 2005). In doing so, the Supreme Court avoided direct evaluation of the conduct that led to the accounting firm's conviction.
-
04.22.2005Supreme Court Decision Should Help Discourage Abusive Securities Litigation Cases: Dura Pharmaceuticals Inc. v. Broudo Rejects Ninth Circuit's Position on Loss Causation for Securities Fraud ClaimsUpdatesThe pattern is familiar. A public company makes some positive announcements about a product. After some time passes, the company announces bad news about the product, leading to a decline in the stock price.
-
02.08.2005Sentencing Guidelines on Compliance Programs – A "Silk Purse" for Corporate DirectorsUpdatesWhat is a director's duty for corporate legal compliance? Recent amendments to the United States Organizational Sentencing Guidelines can help directors and their advisors answer that important question.
-
01.19.2005Happy New Year? Recent Securities Litigation Settlements Highlight Increasing Risks to Corporate DirectorsUpdatesThe Sarbanes-Oxley Act and recent changes in Securities and Exchange Commission and stock exchange requirements have imposed ever greater responsibilities on corporate directors. As these additional responsibilities expose directors to increasing risks, companies have struggled to attract and retain qualified candidates to serve as independent directors.
-
10.18.2004United States Supreme Court Hears Challenges to Federal Sentencing GuidelinesUpdatesBusinesses often turn to the United States Sentencing Guidelines for guidance in designing effective corporate compliance and ethics programs. The relevant parts of the guidelines, known as the Organizational Sentencing Guidelines, include detailed criteria for effective corporate compliance and ethics programs.
Presentations
-
11.16.20162016 Enforcement Update for Government ContractorsSpeaking EngagementsSponsored by Alaska Bar Association
-
05.24.2016SEC Hot TopicsSpeaking EngagementsPanel Presentation on SEC Enforcement
Sponsored by the Society of Corporate Secretaries and Governance Professionals -
05.05.2016Surviving a Government InvestigationSpeaking EngagementsPresentation on Best Practices for a Defending a White Collar Investigation
Sponsored by the Endowment and Foundation Counsel Association -
04.29.2016Northwest Securities InstituteSpeaking EngagementsPanel Presentation on SEC Enforcement
Sponsored by the Washington State Bar Association -
04.21.2016Defending the CompanySpeaking EngagementsPresentation on Corporate White Collar Defense
Sponsored by the Women’s White Collar Defense Association
-
05.13.2015The False Claim ActSpeaking EngagementsPresentation on False Claim Act litigation
Sponsored by the Alaska Bar Association, Alaska Native Law Section -
06.23.2011Facing a Fraud Investigation – What to do When the Feds Come Knocking at Your DoorSeminarsPerkins Coie co-hosted this event with the Washington Metropolitan Area Corporate Counsel Association (WMACCA) / Washington, D.C.