• 11.01.16

    Supreme Court: What Constitutes an Insider Trading “Personal Benefit”

    On October 5, 2016, the Supreme Court heard oral argument in Salman v. United States, where the central issue was what the government needs to prove to establish a “personal benefit” to the insider tipper—one of the elements of insider trading liability.

  • 10.31.16

    DOJ to Investigate No-Poach and Wage-Fixing Agreements Criminally

    Human resources professionals beware. Conversations with others in your industry regarding employee pay, benefits and no-hire agreements could land you in jail.

  • 09.01.16

    The FCPA Pilot Program: A Tale of Two Cases

    This month, we review a recent Ninth Circuit case that allowed a qui tam relator’s action against various Medicare Advantage organizations to proceed, holding that the relator had adequately stated a “cognizable legal theory” of liability under the False Claims Act (FCA) in ...

  • 07.21.16

    “Official Acts”—What They Are… and Are Not

    On June 27, 2016, the Supreme Court decided McDonnell v. U.S., holding that, for purposes of the federal public corruption statutes, an “official act” consists of a concrete decision or action taken with respect to a proceeding pending before a court, agency or committee, and that ...

  • 06.16.16

    False Claims Act: Supreme Court Decides Implied Certification Case

    On June 16, 2016, the Supreme Court decided Universal Health Services v. U.S. ex rel. Escobar, holding that the implied false certification theory can be a basis for False Claims Act liability if a claim for payment makes specific representations about the services provided but fails to disclose ...

  • 06.06.16

    Eye on the Supreme Court—Corruption and Fraud Edition

    This session, the Supreme Court has undertaken the review of numerous cases that raise thorny issues arising in the white collar context. In our last newsletter, we reported on the Court’s March 30, 2016 decision in Luis v. U.S. which held in a criminal healthcare case that the pretrial ...

  • 05.06.16

    Spotlight on the False Claims Act

    This month we discuss two interesting court cases involving the False Claims Act (FCA).

  • 04.06.16

    Alert: DOJ Launches New FCPA Voluntary Disclosure Pilot Program

    After several months of promising greater transparency relating to charging decisions for corporations that voluntarily disclose potential FCPA issues, on April 5, 2016, the Department of Justice announced the launch of a one-year Foreign Corrupt Practices Act (FCPA) pilot program intended to, ...

  • 03.24.16

    Olympus Resolves Criminal and Civil Liability Under the FCA, FCPA and the Anti-Kickback Statutes

    In a unique settlement combining domestic and foreign and criminal and civil corruption and false claims statutes, the DOJ announced on March 1, 2016 that medical equipment company Olympus Corp. of the Americas and its subsidiary Olympus Latin America, Inc. agreed to pay an aggregate of $646 ...

  • 02.25.16

    Eye on the Courts—Recent Opinions and Rulings of Note

    From a white collar and securities fraud standpoint, there has been a lot of noteworthy activity in the courts of late.



pursuant to New York DR 2-101(f)

© 2024 Manatt, Phelps & Phillips, LLP.

All rights reserved