Benjamin Gruenstein, a partner at Cravath, Swaine & Moore, discusses how courts have begun to examine several questions in the context of FCPA prosecutions and enforcement actions against individuals, including what constitutes a "foreign official" or an "instrumentality" of a foreign government, in what situations can the government reach beyond the FCPA's five-year statute of limitations, and what is the reach of personal jurisdiction over foreign defendants in FCPA cases.
Lori L. Pines, a partner at Weil, Gotshal & Manges, and Alanna J. Frisby, a vice president at Wasserman Media Group, discuss some important aspects of the NYFCA which remain unclear, including its retroactivity, pleading standards, the court's subject matter jurisdiction in light of public disclosure and how the tax provision will be applied.
Andrew Zwerling is a partner-director at Garfunkel Wild, writes: In recent years, medical providers who have been denied No-Fault reimbursement from insurance carriers have attempted, in preemptive fashion, to rely on RICO in lawsuits against insurance carriers, IME companies and medical providers who perform IMEs or prepare peer reports concerning the treatment provided alleged accident victims by the plaintiff medical providers. These efforts, however, have not met with success.
Mark R. Hellerer and Anne C. Lefever of Pillsbury Winthrop Shaw Pittman write that in its October 2013 term, the Supreme Court for the first time in 23 years will squarely consider the constitutionality of pretrial restraints on assets needed by a criminal defendant to pay counsel of choice, a question that has over the past two decades resulted in case law rife with split decisions, reversals, and en banc hearings.