White Collar Criminal Defense Alerts http://www.haynesboone.com/ Haynes and Boone alerts for the White Collar Criminal Defense Practice en-us Wed, 22 May 2013 13:07:25 GMT Wed, 22 May 2013 13:07:25 GMT $39 Million Jury Verdict in False Claims Act Suit against Tuomey Healthcare Last week, a federal jury in South Carolina found that Tuomey Healthcare System, Inc. violated the Stark Law and the False Claims Act by submitting false claims for reimbursement to the United States, resulting in $39 million in damages to the government. http://www.haynesboone.com/es/False-Claims-Act-Verdict-Tuomey Publication 79c24637-db45-456a-818d-b2c7bbce6974 Wed, 15 May 2013 00:00:00 GMT California Man Convicted of Hacking into Former Employer’s Computer Network A jury in the Northern District of California has convicted David Nosal of violating the Computer Fraud and Abuse Act (“CFAA”) by accessing his former employer’s computer network without authorization to obtain confidential information for use in a competing business. http://www.haynesboone.com/es/California-Man-Convicted-of-Hacking Publication 53131173-51d5-4899-ae7f-01e500a7c4b2 Thu, 25 Apr 2013 00:00:00 GMT SEC and DOJ Resolve Parallel FCPA Investigations through Dual Non-Prosecution Agreements This week, the Ralph Lauren Corporation became the first company to obtain a non-prosecution agreement from the Securities and Exchange Commission in connection with a Foreign Corrupt Practices Act (“FCPA”) investigation. http://www.haynesboone.com/es/SEC-and-DOJ-Resolve-Parallel-FCPA-Investigations Publication 2ef1e42b-ad05-4907-a27f-e26ccd555e6f Tue, 23 Apr 2013 00:00:00 GMT California Computer Hacking Case Highlights Important Circuit Split on the Computer Fraud and Abuse Act The computer hacking trial of David Nosal is under way in federal district court in California. The trial is being followed with interest in the business community because it is the latest development in a case that highlights an important split in the interpretation of the Computer Fraud and Abuse Act (“CFAA”) that has far-reaching ramifications with respect to liability–and protection for companies’ proprietary information. http://www.haynesboone.com/es/California-Computer-Hacking-Case Publication 362a2e52-8a2c-4248-9b4d-a93cab5678d3 Wed, 17 Apr 2013 00:00:00 GMT SEC Clarifies the Application of Regulation FD to Social Media Disclosures Since the announcement of the investigation by the SEC of the CEO of Netflix, Inc. for a July 2012 Facebook post celebrating a company milestone, there has been considerable uncertainty as to whether companies can use social media outlets, like Facebook and Twitter, to communicate with investors without violating Regulation Fair Disclosure (“Regulation FD”). http://www.haynesboone.com/es/SEC-Regulation-FD-Social-Media-Disclosures Publication c291cbb5-7cc5-466e-9e34-bafe2ad9c3e3 Fri, 05 Apr 2013 00:00:00 GMT Comcast Corp. v. Behrend: Supreme Court Rejects Expert Damages Model as Insufficient for Class Certification in Antitrust Class Action On Wednesday, the Supreme Court held in a 5-4 opinion in Comcast Corp. v. Behrend, 569 U.S. ___ (2013), that a party seeking to maintain a class action must satisfy Rule 23’s requirements through evidentiary proof, even where such analysis may overlap with the merits of the underlying claim. http://www.haynesboone.com/es/Comcast-Corp-v-Behrend Publication cd39ace9-2485-4281-810d-a7481bcf37c2 Mon, 01 Apr 2013 00:00:00 GMT Seventh Circuit Clarifies How to Treble Damages under the FCA The Seventh Circuit recently reversed a $2.7 million damages award against a mortgage company accused of lying in applications for federal loan guarantees. See United States v. Anchor Mortg. Corp., 2013 WL 1150213 (7th Cir. Mar. 21, 2013). http://www.haynesboone.com/es/Treble-Damages-Under-FCA Publication 4d953220-e8ea-4587-841b-176d157c9943 Wed, 27 Mar 2013 00:00:00 GMT Cyber Attacks are the Number One Threat to National Security The U.S. Director of National Intelligence, James Clapper, advised the Senate Intelligence Committee this week that cyber attacks are the number one threat to national security. http://www.haynesboone.com/es/Cyber-Attacks-Threat-National-Security Publication 497bcd34-bd72-43d4-bda6-4a978ef8afc5 Thu, 14 Mar 2013 00:00:00 GMT Public Companies Increasingly Disclosing Cybersecurity Risks An increasing number of public companies - particularly banks and financial institutions - are disclosing cybersecurity incidents in their filings with the Securities and Exchange Commission. http://www.haynesboone.com/es/Public-Company-Disclosure-Cybersecurity Publication 9ad0145c-2311-455c-9324-1a12440f92c2 Tue, 12 Mar 2013 00:00:00 GMT Jury Awards $28 Million in False Claims Act Suit against Nursing Home A federal court jury in Illinois found that nursing home operator Momence Meadows fraudulently billed Medicare and Medicaid for “worthless services” and falsely certified compliance with health care laws and regulations, resulting in $28 million in damages to the government. http://www.haynesboone.com/es/False-Claims-Act-Momence-Meadows Publication 02f7e4c7-7720-4afa-a477-aa1a677c454b Mon, 04 Mar 2013 00:00:00 GMT Supreme Court Limits Government’s Ability to Seek Civil Penalties on Stale Claims The United States Supreme Court yesterday significantly limited the federal government’s ability to bring an action for civil penalties more than five years after the alleged misconduct occurred. http://www.haynesboone.com/es/Supreme-Court-Limits-Stale-Claims Publication 2b9753f8-a2e5-4f54-b3b8-d987e1d0f0fb Thu, 28 Feb 2013 00:00:00 GMT President Obama Signs Cybersecurity Executive Order President Obama recently signed an executive order focused on improving the security of the nation’s infrastructure from cyber attack. http://www.haynesboone.com/es/Cybersecurity-Executive-Order Publication f087e0ce-44ad-4e70-806f-05955f63d8bd Tue, 19 Feb 2013 00:00:00 GMT PCAOB Auditing Standard No. 16 Outlines Requirements for Communications between Audit Committees and Auditors The Public Company Accounting Oversight Board (“PCAOB”) recently issued Auditing Standard No. 16, Communications with Audit Committees (“Standard 16”), to provide a framework for the discussions that an auditor must undertake with the audit committee of its public company clients. http://www.haynesboone.com/es/PCAOB-Auditing-Standard-No-16 Publication ac41d19e-a227-463c-8b1b-3ab6b6749641 Thu, 31 Jan 2013 00:00:00 GMT DOJ and SEC Release Long-Awaited FCPA Resource Guide On November 14, 2012, the Department of Justice and the Securities and Exchange Commission released the much-anticipated Resource Guide to the U.S. Foreign Corrupt Practices Act (the “Guide”). http://www.haynesboone.com/es/newsroom/pubdetail.aspx?pub=3937 Publication eb6f5960-8f07-43f4-8bda-397bc140c9b2 Tue, 20 Nov 2012 00:00:00 GMT The Risk Of False Claims Act Liability Is Rising The state of Georgia will soon join a growing number of jurisdictions enacting False Claims Act statutes with far-reaching implications. The “Georgia Taxpayer Protection False Claims Act” authorizes the state attorney general and private citizens to seek civil penalties and treble damages on behalf of the state and any local government that pays a false or fraudulent claim to any individual or entity. http://www.haynesboone.com/es/newsroom/pubdetail.aspx?pub=3832 Publication 4072858f-a058-4ae5-92d4-396e00e4fcda Tue, 19 Jun 2012 00:00:00 GMT Information Sharing: Still Risky After All These Years Two recent antitrust matters serve as reminders that exchanging sensitive information with business competitors can pose significant antitrust risks – particularly when companies stray from the “safety zones” established by the federal antitrust enforcement authorities. http://www.haynesboone.com/es/Information-Sharing-Risky Publication 7514d2a3-3474-4994-aa61-8cc6eec15099 Thu, 24 May 2012 00:00:00 GMT