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Recent U.S. And U.K. Developments Affecting Competition Law Compliance Programs

Government organizations on both sides of the Atlantic have, in recent weeks, taken steps that highlight the importance of having a competition law compliance program that is overseen by individuals at the highest levels of the company. In mid-May, the United Kingdom's competition enforcer, the...

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Rules Committee Proposes Revised Rule 2019 Protecting Distressed Investors

The distressed investment community received some good news in June when the Advisory Committee on Bankruptcy Rules (the "Rules Committee") published revisions to its proposed amendment to Bankruptcy Rule 2019.The amendment, which could still be subject to further modification, is not expected to...

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False Claims Act: Weakening The Public Disclosure Defense

Editor: Please give us a little background on the False Claims Act. Hutt: The False Claims Act is, and has been for more than 20 years, the principal tool used by the government to combat fraud in federal programs, including defense contracting, Medicare and Medicaid. Almost everyone would...

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SEC Proposes Large Trader Reporting Regime

On April 14, 2010, the Securities and Exchange Commission (SEC) unanimously proposed a new reporting regime for persons whose transactions in NMS securities - together with persons subject to its control - equal or exceed (1) two million shares or $20 million during any calendar day or (2) 20...

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Beware The Indefatigable Qui Tam Plaintiffs' Bar

Over the past three years, the qui tam plaintiffs' bar has enjoyed great success in expanding the False Claims Act and weakening the defenses available to defendants under the statute. First, they were successful in convincing Congress to enact FERA in May 2009, which greatly expanded the reach of...

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Short Sales: SEC Adopts Modified Uptick Rule Subject To Circuit Breaker

The Securities and Exchange Commission (SEC) recently adopted new Rule 201 of Regulation SHO. Rule 201 will require trading centers1to adopt policies and procedures that are reasonably designed to prohibit short sales of covered securities at a price that is less than or equal to the current...

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Required Reading About International Trade Today

Editor: Please describe your respective practice areas. Slater: We currently have about 25 lawyers and professionals in our international trade group, which is fairly sizable for a trade group. We cover all of the principal trade regulatory areas and trade-based issues, including a very...

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