Benjamin H Mccoy

February 02, 2021 | The Legal Intelligencer

The SEC and CFTC whistleblower programs, on the other hand, were recently created through the 2010 Dodd-Frank Wall Street Reform and Consumer Protection Act (the Dodd-Frank Act).

By Zachary Arbitman and Benjamin H. McCoy

8 minute read

January 07, 2020 | The Legal Intelligencer

This four-part series combines perspectives from whistleblower and defense counsel to provide measured insight into each of the four main whistleblower regimes. In this third part, we discuss the CFTC whistleblower program.

By Zac Arbitman and Benjamin H. McCoy

7 minute read

July 30, 2019 | The Legal Intelligencer

The SEC and CFTC whistleblower programs were created only in 2010 through the Dodd-Frank Wall Street Reform and Consumer Protection Act (the Dodd-Frank Act).

By Zac Arbitman and Benjamin H. McCoy

7 minute read

May 01, 2019 | The Legal Intelligencer

This article is the first in a series of four primers on the key legal regimes incentivizing and protecting whistleblowers who report fraud: the False Claims Act (FCA) and the Securities Exchange Commission (SEC), Commodity Futures Trading Commission (CFTC) and Internal Revenue Service (IRS) whistleblower programs

By Zac Arbitman and Benjamin H. McCoy

7 minute read

August 28, 2018 | The Legal Intelligencer

There is little dispute that the False Claims Act (FCA) is among the most potent weapons for fighting fraud and government waste. In just this past fiscal year alone, the DOJ utilized the FCA to recover more than $3.7 billion across a diverse array of industries such as health care, housing, and government procurement.

By Benjamin H. McCoy and Zac Arbitman

7 minute read

April 17, 2018 | The Legal Intelligencer

The past year has seen a large up-tick in federal activity aimed at curbing the nation's opioid crisis. Of particular note, on July 13, 2017, the Medicare Fraud Strike Force arrested 412 defendants in a nationwide health care fraud enforcement directive. Of these, 120 were charged for actions taken in relation to opioids.

By Benjamin H. McCoy

9 minute read

July 11, 2017 | The Legal Intelligencer

On May 11, 2016, the Defend Trade Secrets Act, 18 U.S.C. Section 1836, et. seq., was signed into law. At the time, the DTSA was hailed for ­providing federal protection against the growing problem of corporate espionage. For the most part, the first year of the DTSA unfolded as expected. Federal trade secret filings increased and many litigants attempted to utilize the unique remedies offered by the DTSA. However, the relative infancy of the DTSA leaves many issues open to interpretation. Below, we briefly review some of the major developments during the first year of the DTSA.

By Benjamin H. Mccoy

5 minute read

March 14, 2017 | The Legal Intelligencer

In 2016, the Department of Justice (DOJ) and Securities Exchange Commission (SEC) aggressively enforced the Foreign Corrupt Practices Act (FCPA) to the tune of over $2 billion in fines. Going forward, it is widely predicted that the new administration's DOJ will build on its 2016 success and continue the trend of aggressive FCPA prosecution. In addition, ­resolutions are expected in many ­pre-existing ­enforcement actions against many corporate heavyweights.

By Benjamin H. McCoy

16 minute read

November 08, 2016 | The Legal Intelligencer

On Sept. 3, 2016, the Federal Aviation Administration authorized the first private space mission beyond the Earth's orbit. The authorization permits Moon Express, Inc., a private space entity, to conduct an unmanned mission to the moon in 2017 in order to mine its resources. Shortly thereafter, Elon Musk, founder of SpaceX, unveiled plans to begin ­colonizing Mars within 10 years, while President Obama opined that similar colonization efforts could realistically commence by 2030. Meanwhile, Amazon's Jeff Bezos and Google's Larry Page have joined ­numerous other investors in creating their own commercial space entities.

By Benjamin H. McCoy

8 minute read

September 20, 2016 | The Legal Intelligencer

With most corporations today ­facing large-exposure lawsuits in developing areas of the law, in-house counsel are forced to become increasingly well versed in both trial and appellate litigation.

By Benjamin H. McCoy

12 minute read