New York Law Journal | Analysis
By Sarah E. Walters, Brian Blais and Brad A. Rocheville | July 10, 2024
In recent years, the DOJ has been beating the self-disclosure drum with a series of policies designed to encourage and reward corporate self-disclosure of misconduct. Yet, these policies also make clear that self-disclosure alone does not beget a declination.
By George S. Canellos, Tawfiq S. Rangwala, and John J. Hughes, III | July 10, 2024
Milbank partners George Canellos and Tawfiq Rangwala and special counsel John Hughes discuss the real-world impact that "SEC v. Jarkesy" will have on SEC enforcement.
By Scott Mollen | July 9, 2024
Scott Mollen discusses "Freedom Mortgage Corp. v. Thomas," and "Smith v. Davis."
By Daniel Koffmann and Jonathan Acevedo | July 9, 2024
Among the differences between the Foreign Corrupt Practices Act (FCPA) and is the Foreign Extortion Protection Act (FEPA) is the definition of a "foreign official." The FCPA definition is "any officer or employee of a foreign government or any department, agency, or instrumentality…or any person acting in an official capacity for or on behalf of any such government or department, agency, or instrumentality." The FEPA adds "any person acting in an unofficial capacity." What defines "unofficial capacity" is the focus of this article.
New York Law Journal | Analysis
By Jeffrey M. Rosenthal, Vincent J. Roldan and Joshua S. Bauchner | July 9, 2024
The Fifth Circuit, in 'In re GFS Industries', recently issued a decision siding with the controversial 'Cleary Packaging' decision. All of a sudden, the subchapter V debtor's efforts to use a streamlined procedure could be undermined by Section 523(a) litigation even outside the Fourth Circuit.
By Adrienne B. Koch | July 9, 2024
Adrienne Koch's third in her a four-part series that examines how litigation can shape the evolution of best practices in the real estate industry. This article focuses on circumstances in which contractual or contract-like liability can arise even in the absence of a written contract, and the importance of a drafting approach to avoid surprises.
New York Law Journal | Analysis
By Catherine Nyarady and Crystal Parker | July 9, 2024
On May 3, 2023, Judge David C. Nye of the District of Idaho imposed the first-ever bond order under Idaho's Bad Faith Assertions of Patent Infringement Act. In that order, the court required patent owner Katana or its parent company, Longhorn, to post an $8 million bond before allowing it to proceed with its patent infringement suit against Micron.
New York Law Journal | Analysis
By Peter Brown | July 8, 2024
The ability of social media sites to prioritize or delete content has resulted in movements to limit the moderating power of these entities, and allow all opinions, particularly on political issues, broad and "uncensored" access to express the most extreme positions of both the left and right.
By Joseph Barber and Scott Frost | July 8, 2024
If non-compete agreements are officially banned and businesses are looking to avoid bureaucratic hurdles that come with patents, Joe Barber and Scott Frost discuss how companies can protect their trade secrets.
New York Law Journal | Analysis
By Elkan Abramowitz and Jonathan Sack | July 8, 2024
This article describes different approaches taken to a "fraudulent inducement" theory of liability by contrasting the Third Circuit's decision in 'Kousisis' with the Second Circuit's different approach. It concludes with observations on the potential significance of a Supreme Court ruling that further limits the scope of mail/wire fraud.
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