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Does the False Claims Act Have Teeth?
by Reuben A. Guttman
In 2012, citizens reporting fraud and bringing lawsuits under the False Claims Act spurred the U.S. Treasury’s recovery of approximately $5 billion. Yet, is the statute have a real deterrent effect that will change the behavior of corporate culprits?… Read Article
Multidistrict Litigation Practice: The Function and Shifting Focus of the JPML in Class Action and Other “Bet the Company” Litigation
by Adam J. Levitt
One of the consequences of the 20th Century, post-industrial expansion of manufacturing, technology, and commerce across the United States (and abroad) is the increasing procedural and substantive complexity of litigation arising from that expansion. Whether through mass production, federal legislation, or otherwise, now, when torts arise from defective products or other improper conduct, the problem is rarely localized or individual in scope… Find the Full Article here
Disgorgement Of Compensation Paid To Directors During The Time They Were Grossly Negligent: An Available But Seldom Used Remedy
by John C. Kairis
A bedrock principle of Delaware corporate law is that directors of Delaware corporations are charged with a duty of care, which means that they must consider all material information reasonably available to them and exercise reasonable care and skill in dealing with the affairs of the corporation… Read Article
Blowing the Whistle From Abroad: A Guide to the U.S. False Claims Act and the U.S. Dodd-Frank Wall Street Reform and Consumer Protection Act
by Jay W. Eisenhofer, Reuben A. Guttman and Justin K. Victor
The United States Government has established laws providing for bounties to be paid to those who report certain types of fraud. Even foreign citizens are eligible to receive these monetary awards, which are paid under the False Claims Act… Read Article
Shareholder Rights and Corporate Governance in the Dodd-Frank Act
by Michael J. Barry and John C. Kairis
The Dodd-Frank Wall Street Reform and Consumer Protection Act1 is a massive piece of legislation that is over 2,300 pages long. It authorizes various regulatory bodies to conduct additional studies and to enact rules to implement the Act… Read Article