FINRA Fines Deutsche Bank Over Blue Sheets Lapses
- Jul 18 2016
What are the consequences of submitting inaccurate trade data to the SEC and FINRA? Investment banks and securities firms are well aware of their responsibilities to adhere to the rules …
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E-mails Confirming Material Terms of an Oral Agreement Satisfy the Statute of Frauds
- Jul 12 2016
In today’s digital world, it is not uncommon for individuals and businesses to memorialize the terms of their oral agreements through email. But are such agreements enforceable? The answer depends …
The DOJ Weighs in After Escobar: Misleading Half-truths Are Actionable Under the False Claims Act
- Jul 8 2016
On June 22, 2016, the Department of Justice (“DOJ”) filed a Notice of Supplemental Authority in U.S. ex rel. Westrick v. Second Chance Body Armor, et al., No. 04-0280 (D.D.C.), …
Universal Health Services, Inc. V. United States Ex Rel. Escobar: The U.S. Supreme Court Adopts The Implied Certification Theory As A Basis Of Liability Under The False Claims Act
- Jul 5 2016
Summary On June 16, 2016, the U.S. Supreme Court decided Universal Health Services, Inc. v. United States ex rel. Escobar, a Medicaid case involving the “implied certification” theory of liability …
At-Will Employees Are Not Entitled to Post-Termination Commissions
- Jun 29 2016
Like most states in the country, New York is considered to be an “employment at will” state. This means that if there is no written agreement between the employer and …
SEC Announces Second Largest Whistleblower Award
- Jun 27 2016
What are the requirements to obtain a monetary award under the SEC Whistleblower Program? In June, the Securities and Exchange Commission (“SEC”) announced its second largest whistleblower award of more …
It Takes Energy to Circumvent an Alternative Dispute Resolution Agreement
- Jun 27 2016
Is it a breach of contract to bypass an agreed-upon, independent alternative dispute resolution (“ADR”) process and commence an arbitration proceeding elsewhere? When two companies enter into a contract, it’s …
Raymond James Fined by FINRA for AML Failures
- Jun 16 2016
How do anti-money laundering programs detect suspicious activity? The Financial Industry Regulatory Authority (“FINRA”) announced in May that it fined two Raymond James entities for systemic flaws in their anti-money …
The U.S. Supreme Court To Resolve A Circuit Split Over Whether A Violation Of The FCA Seal Requirement Mandates Dismissal Of A Qui Tam Complaint
- Jun 13 2016
Catastrophic events often bring out the best in people. Sometimes, however, such events bring out the worst in people. The events that followed Hurricaine Katrina stand as reminders of the …
Board of Managers of the Soundings Condominium V. Foerster – Two Lessons: One Legal and The Other Practical
- Jun 6 2016
Damages Or Rescission . . . It Makes A Difference. Most people think that they are entitled only to monetary relief when they are the victim of fraud. That, however, …
