Dan Small

October 15, 2007 | National Law Journal

It is a "perfect storm" of corporate governance enforcement. The Justice Department has brought a case under the False Claims Act against Christi Sulzbach, the former general counsel of Tenet Healthcare Corp., seeking millions of dollars based upon her actions as chief compliance officer. The case offers an enlightening � and frightening � look at the cumulative impact of some important recent trends in corporate enforcement. The question is whether this is sensible targeting or government over-reaching.

By Dan Small / Special to The National Law Journal

5 minute read

April 03, 2006 | National Law Journal

Faced with the difficult challenge of conducting the death penalty trial of confessed al-Queda conspirator Zacarias Moussaoui, U.S. District Judge Leonie M. Brinkema could reasonably expect and demand top-notch lawyering. Instead, she has had to deal with "Keystone Kops" advocacy in this sensitive, high-profile case.

By Dan Small/Special to The National Law Journal

5 minute read

September 08, 2008 | National Law Journal

The 2d Circuit's dramatic opinion in the KPMG case on Aug. 28, upholding the district court's dismissal of all 13 defendants, is a clear demonstration of the widening gap between traditional prosecutorial attitudes and the nontraditional world of white-collar investigations. DOJ saw its efforts to prevent KPMG from paying for counsel for its employees under investigation as preventing the firm from "circling the wagons," or worse. The court saw it as "abuse of power." Time for some attitude adjustment.

By Dan Small / Special to The National Law Journal

5 minute read

June 27, 2005 | National Law Journal

Dennis Koslowski's verdict holds important lessons for the public as well as for trial lawyers.

By Dan SmallSpecial to The National Law Journal

4 minute read

September 10, 2008 | New Jersey Law Journal

The Second U.S. Circuit Court of Appeals' dramatic opinion in the KPMG case, upholding the dismissal of all 13 defendants, is a clear demonstration of the widening gap between traditional prosecutorial attitudes and the nontraditional world of white-collar investigations.

By Dan Small

5 minute read

October 16, 2007 | Corporate Counsel

In a wake-up call for all lawyers -- inside and out -- the Department of Justice has brought a case under the False Claims Act against Christi Sulzbach, the former GC of Tenet Healthcare, seeking millions of dollars based upon her actions as chief compliance officer. The case offers an enlightening -- and frightening -- look at the cumulative impact of some important trends in corporate enforcement in the past two decades. Attorney Dan Small asks if this is sensible targeting or government overreaching.

By Dan Small

5 minute read

March 07, 2008 | The Recorder

Now that the worst of the Milberg Weiss scandal has passed, attorney Dan Small argues that it's high time we fixed the broken system it exposed.

By Dan Small

5 minute read

June 12, 2006 | New Jersey Law Journal

Lessons for prosecutors and defense attorneys in the Enron verdict.

By Dan Small

5 minute read

September 10, 2008 | Law.com

The 2nd Circuit's dramatic opinion in the KPMG case, upholding the district court's dismissal of all 13 defendants, is a clear demonstration of the widening gap between traditional prosecutorial attitudes and the nontraditional world of white-collar investigations, says attorney Dan Small. It's time for some attitude adjustment, according to Small, who says the issue for the prosecutors goes back to "omerta," the old Mafia code of silence.

By Dan Small

5 minute read

March 07, 2008 | New Jersey Law Journal

By Dan Small

5 minute read