CFTC Awards Another Whistleblower
- Aug 31 2016
How many awards has the Commodity Futures Trading Commission (“CFTC”) made under its whistleblower program? The CFTC awarded a whistleblower $50,000, the second such award this year. The $50,000 award …
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FINRA Issues Regulatory Notice Affirming Arbitration Rights
- Aug 30 2016
What is a FINRA arbitration? The Financial Industry Regulatory Authority (“FINRA”) issued a Regulatory Notice in July reminding member firms that customers have a right to request arbitration “at any …
The SEC Makes Good on Its Promise to Crack Down on Agreements and Policies That Impede Whistleblowers From Reporting Securities Fraud
- Aug 24 2016
In 2010, Congress passed the Dodd-Frank Wall Street Reform and Consumer Protection Act (the “Dodd-Frank Act” or the “Act”) to combat illegal and fraudulent conduct on Wall Street and promote …
Sole Remedy Clause May Not Insulate a Contracting Party From the Damages Caused by Its Gross Negligence
- Aug 18 2016
In the commercial world, parties to a transaction often allocate the risk of economic loss in the event the transaction is not fully executed by including a sole remedy clause …
SEC Checking Under Tesla’s Hood
- Aug 10 2016
Did Tesla violate securities laws by not disclosing a fatal accident? In May, the driver of a Tesla Model S was killed after colliding with a truck while the Autopilot …
United States Ex Rel. Cieszynski V. Lifewatch Services, Inc.: Balancing the Public Policy Protecting Whistleblowers Who Use Self-help Discovery and the Privacy Interests of Companies That Have an Expectation of Protection
- Aug 8 2016
The False Claims Act (“FCA” or the “Act”) prohibits businesses and individuals from defrauding the government by knowingly presenting, or causing to be presented, a false claim for payment or …
Third Parties Beware of the Agent Who Does Not Disclose the Identity of the Principal
- Jul 29 2016
An agency relationship occurs when a principal gives legal authority to an agent to act on the principal’s behalf when dealing with a third party, and obtains the agent’s consent …
Jeffrey M. Haber, Attorney at Law, Announces the Opening of The Law Office of Jeffrey M. Haber
- Jul 29 2016
New York, New York [Law Firm Newswire] July 21, 2016 Jeffrey M. Haber, Esq., an attorney with over twenty-five years of experience litigating complex matters on behalf of institutions and …
After Escobar: Proving the Defendant Acted With the Requisite Knowledge
- Jul 26 2016
In Universal Health Services, Inc. v. United States ex rel. Escobar, the U.S. Supreme Court unanimously confirmed that the false certification theory “can be a basis for liability” under “some …
SEC Proposes Rule Requiring Investments Advisors to Adopt Business Continuity Plans.
- Jul 22 2016
What are the elements of a sound business succession plan? In June, the Securities and Exchange Commission (“SEC”) proposed a rule that would require registered investment advisors to adopt formal …
