Litigation
More Litigation Articles
False Claims Act
Avoiding Potential False Claims Act Liability And Qui Tam Actions
Governments at all levels are increasingly turning to federal and state false claims act statutes in an attempt to combat fraud against the government and to address the record deficits they are running. At the same time, legislatures have been steadily broadening the scope of what constitutes a...
Read MoreLitigation
In Gabelli, Supreme Court Holds SEC Enforcement To Strict Five-Year Limitations Period For Penalties; Will The Other Shoe Drop In Bartek?
In Gabelli v. SEC, No. 11-1274, 2013 WL 691002 (U.S. Feb. 27, 2013), the Supreme Court unanimously adopted a bright-line rule that, in SEC enforcement cases where the SEC seeks civil money penalties, the five-year statute of limitations provided for in 28 U. S. C. §2462[1] begins to run when...
Read MoreLitigation
“Well, Now I’m Screwed. I Can’t Sell.” The Words That Will Take The SEC’s Insider Trading Case Against Mark Cuban To Trial
Recently, in S.E.C. v. Cuban, No. 08-CV-2050, 2013 WL 791405 (N.D. Tex. March 5, 2013), a federal district court denied Mark Cuban’s motion for summary judgment. The court held that although the question was “in some respects a close one,” there was sufficient dispute over the...
Read More
