Crowell Works Offering by Signature Group
December 3, 2014 — Daily Journal
The Daily Journal highlights the firm as a "Dealmaker" for the representation of Signature Group Holdings Inc. (SGH), a Sherman-Oaks-based holding company, as it offered 3.7 million shares of common stock in an underwritten public offering. San Francisco-based senior counsel, Murray A. Indick, served as counsel for SGH for this deal.
Court Annuls EU State Aid Ruling on Ireland’s Air Travel Tax
November 28, 2014 — Tax Analysts
Tax Analysts interviewed Crowell & Moring, Brussels-based partner, Dr. Salomé Cisnal de Ugarte, regarding the EU General Court's recent annulment of the European Commission's ruling that Ireland's air travel tax doesn't constitute illegal state aid by effectively favoring other airlines. Cisnal de Ugarte explained that because the court based its decision on purely procedural grounds without addressing the substance of the matter the decision doesn't set a precedent on the state law aspects of the case.
For Former Embassy Hostages, a Special Interest in Iran Talks
November 25, 2014 — New York Times
Washington, D.C.-based partner and member of the firm's International Dispute Resolution Group, Stuart H. Newberger, talks with the New York Times about the United States' recent agreement to extend the nuclear negations with Iran for another seven months. Newberger, offers insight based off his own client counseling and stated, "If and when they do reach an agreement on the nuclear nonproliferation issue, there must be at some point an agreement between the U.S. and Iran similar to the one the U.S. did with Libya."
The Evidentiary Expert: Judge Paul W. Grimm
November 18, 2014 — Law360
Washington, D.C.-based partner and co-chair of the firm's e-Discovery & Information Management Group, David D. Cross, tells Law360 about working with Judge Paul W. Grimm, who has recently been appointed one of the newest federal judges on the Maryland federal bench. Cross, who is familiar with Grimm's 16 years of experience as a magistrate judge, sheds light on Grimm's well-regarded reputation. When Judge Grimm wants to address something, "his decisions are written like law review articles," Cross says. "He makes his opinions very useful beyond the confines of his own case."
LifeNet Wins $35M Verdict In Tissue Graft Patent Suit
November 18, 2014 — Law360
This article heralds an exciting win for the Washington-D.C. based members of Crowell & Moring's Intellectual Property Group. A Virginia federal jury awarded the firm's client, LifeNet, nearly $35 million in damages for LifeCell Corp.'s infringement of a patent improving the preservation of bone and soft-tissue grafts, rejecting LifeCell's invalidity defenses. News of this victory was also highlighted in "Law360's Weekly Verdict: Legal Lions & Lambs," found here.
Minority Powerbrokers Q&A: Crowell & Moring's John Gibson
November 14, 2014 — Law360
Orange County-based Antitrust Group partner, John S. Gibson, is featured as one of Law360's Minority Powerbrokers. In the Q&A article, Gibson answers a wide-array of questions focusing on his successful career, including some of the unique challenges he has overcome. As Gibson has seen a promising increase in diversity throughout his 25 years as a trial lawyer, he encourages his peers to keep up the momentum stating, "Let's help the next generation dream big, be bold, and achieve a legal profession without glass ceilings."
On Veterans Day, Georgetown Law Salutes Its Own
November 13, 2014 — Georgetown Law
Washington, D.C.-based Government Contracts Group associate, Gordon Griffin, served as a panelist at Georgetown Law's second annual Veteran's Day program. Griffin, a Georgetown Law alumni and former Marine Corps fighter pilot, addressed the crowd and gave a special shout-out to the student veterans in attendance.
Expert's Secret Links Scrutinized In Railroad Antitrust MDL
November 12, 2014 — Law360; November 20, 2014 — The Policy and Regulatory Report
There has been recent coverage of a case in which a D.C. federal judge expressed concerns over revelations that a lead expert for the plaintiffs accused rail freight companies of fuel surcharge price-fixing that may have had improper financial ties to the case, telling the parties to consider whether the suit's class certification briefings should now be scrapped. Washington, D.C.-based partner and co-chair of the firm's e-Discovery & Information Management Group, David D. Cross, who is representing the defendant in the case, is quoted in this coverage of the matter.
Vestager: State Aid Probe Continues in Luxleaks Storm
November 7, 2014 — Global Competition Review
Brussels-based partner, Dr. Salomé Cisnal de Ugarte, talks with Global Competition Review about the parameters of recently leaked documents which exposed the Luxembourg government as facilitating tax avoidance on an enormous scale. Cisnal de Ugarte touches on the tax systems currently in place and how Europe’s newly elected competition commissioner is expected to handle the situation.
IP Bills Have Momentum In New Congress
November 5, 2014 — Law360
Mark A. Klapow, a partner in Crowell & Moring's Trade Secrets Practice, discusses with Law360 how the newly elected Congress may have an impact on the efforts to federalize trade secrets. Despite the fact there isn’t a clear partisan divide on trade secrets issues, Klapow and others hope the new members of Congress will lessen the general gridlock Congress has displayed in the past several years. "Trade secret protection is not a partisan issue, so it's more about the ability to get things done generally than one outcome or the other," said Klapow.
GOP Senate Victory To Boost Obama Trade Agenda
November 5, 2014 — Law360
Jonathan S. Kallmer, Washington, D.C.-based counsel in Crowell & Moring's International Trade Group and former Deputy Assistant U.S. Trade Representative for Investment, speaks to Law360 regarding how the expected shift in power due to the outcome of the elections in the U.S. Senate should help the Obama administration have an easier time getting legislative action on its robust international trade agenda, including the renewal of Trade Promotion Authority (TPA) and the completion of its regional negotiating efforts. Kallmer states, "There's going to be a lot more operational will in the Congress to both generate momentum for TPA... but also more of a practical ability to do the legwork necessary to do it," and continues, "You will have two chambers rowing more or less in the same direction when it comes to putting together TPA legislation."
Vestager Takes Office in Europe
November 3, 2014 — Global Competition Review
Brussels-based partner, Dr. Salomé Cisnal de Ugarte, discusses with Global Competition Review the recent change in Europe's competition commissioner. Margethe Vestager will take over as Europe's competition commissioner and Cisnal de Ugarte notes that Ms. Vestager is well-suited for the role based on her knowledge of technology, financial services, and energy markets.
2014 Intellectual Property Trailblazers & Pioneers
October 2014 — National Law Journal
Terry Rea, a Washington, D.C.-based Intellectual Property Group partner and director with C&M International, is featured as one of the National Law Journal's "2014 Intellectual Property Trailblazers & Pioneers." The National Law Journal highlights the strides Rea made as acting and deputy director at the United States Patent and Trademark Office (USPTO), as well as her predictions for the intellectual property space. "We will see some targeted limited specific legislation—and some rule changes—in 2015," said Rea.
Influential Women in IP Law: Teresa Stanek Rea
October 27, 2014 — Law360
Washington, D.C.-based Intellectual Property Group partner and director with C&M International, Terry Rea, was featured as one of Law360's "20 Most Influential Women in IP Law." The article details her astounding accomplishments and provides some kind words that speak to Rea's reputation from those she has worked with throughout her career. David Kappos, who worked with Terry as a director of the USPTO during Rea's tenure as deputy director there told Law360 about the special kind of person Rea is. "What makes Terry special is it's not about training on any specific issue — something you can read about in a book, or what you can do to win a case in an adversarial context where you have practically an infinite amount of time to get ready on a very specific set of facts and laws," Kappos states. "Being the face of the American innovation system to wide-ranging groups is something that you do because you've developed a very different unique set of skills, and that you do well if you've developed those skills to the highest level."
Legal Champions Greater Washington 2014
October 24, 2014 — Washington Business Journal
Washington, D.C.-based Intellectual Property Group partner and director with C&M International, Terry Rea, made the Washington Business Journal’s inaugural list of Legal Champions in the "New Additions" category. Rea, who recently came back to work in the private sector after spending time at the United States Patent and Trademark Office (USPTO) as the first female acting and deputy director, touched on why she became a lawyer as well as the changes she has seen in the patent law arena along the way. Additionally, Rea was highlighted in three videos where she provided her thoughts on the misconceptions about lawyers, how the legal profession has changed, and the toughest part about being a lawyer.
Worries Over Supreme Court's Flirting with 101
October 24, 2014 — Managing Intellectual Property
Washington, D.C.-based Intellectual Property Group partner and director with C&M International, Terry Rea, was acknowledged in Managing Intellectual Property for her role as a moderator at a recent panel discussion. The panel Rea moderated discussed the impact of the Supreme Court on Section 101 and featured panelists David Kappos and Laurie Self.
On-Air Interview with New York Real Estate Journal
October 24, 2014 — Frequency
New York-based Financial Services Group partner, Barbara E. Champoux, speaks to New York Real Estate Journal radio hosts about all things infrastructure. As Champoux notes the three main aspects of infrastructure are transportation, energy, and social infrastructure, she goes on to detail what each aspect entails and how they are financed. Champoux also touches on the Transportation Infrastructure Finance and Innovation Act (TIFIA) and its ongoing legislation.
Judge Blocks Subpoena Against Sidley Austin
October 20, 2014 — Global Investigations Review
Washington, D.C.-based White Collar & Regulatory Enforcement Group partner, Philip T. Inglima, speaks to Global Investigations Review regarding his experience with subpoenas being blocked by a judge, even when it appears that all the appropriate steps have been taken to avoid a waiver or broad disclosure of the privileged materials. "These types of subpoena requests are becoming routine now, so companies are having to be ever more careful in making disclosures or presenting evidence to the DOJ so as not to waive attorney-client privilege and work product protection," states Inglima. "Delivering limited presentations orally is one way of reducing the risk."
5 Tips For Getting New Lawyers Trial-Ready
October 9, 2014 — Law360
San Francisco-based partner and co-chair of the firm's Litigation Group, Gregory D. Call, discusses with Law360 the importance of preparing lawyers for trial, and the ways Crowell & Moring is able to provide this crucial experience, given that the percentage of federal court cases being resolved through trial has plummeted to less than two percent. To help prepare attorneys, Crowell & Moring conducts a one-week trial academy at which young attorneys across the firm are brought together to work with experienced trial lawyers and play different roles in a mock trial. "The young attorneys participate in direct and cross-examinations, openings, closings, voir dire and all the things that happen at trial," Call said. "It's valuable for lawyers to get an opportunity to stand up and do a cross-examination, and then hear what people think about what they did well and what they could have done better." Continuing to drive home the importance of trial readiness, Call adds, "By having a real role on a case, associates can see how what they are doing is relevant to the outcome of a possible trial, and when a trial happens, they are part of it."
CREW Network Lauds 2014 Award Winners at Annual Convention
October 2, 2014 — Commercial Property Executive
New York-based Financial Services Group partner, Barbara E. Champoux, was recognized in Commercial Property Executive as one of the recent winners of the Commercial Real Estate Women’s Network (CREW) Impact Awards. Champoux and fellow New York CREW member, Beth Zafonte, accepted the Member-to-Member Business award for their efforts in the Gemological Institute of America Inc.’s $51 million purchase of an 80,000-square-foot space in the International Gem Tower in New York City.
Supreme Court Could Hear Challenge to EPA Rule on Emissions
October 2, 2014 — The Indianapolis Star
Washington, D.C.-based partner and steering committee member of the Environment & Natural Resources Group, Kirsten L. Nathanson, discusses a challenge to a federal rule cutting toxic emissions from power plants, which is one of the issues facing the Supreme Court this term. The federal rule in question limits toxic pollution, such as mercury, from coal- and oil-fired power plants, and is being appealed but 23 states and industry groups. Nathanson argues that, "The regulated community believes it was completely irrational and inappropriate for EPA to ignore the high cost," adding, "we will see if the Supreme Court latches onto it."
ObamaCare Power Moves to States
October 1, 2014 — The Hill
Washington, D.C.-based Health Care Group partner, Teresa Miller, speaks with The Hill regarding the one year mark of ObamaCare's launch and how the healthcare law's fate rests in the hands of the states. When discussing the role the states play in the Affordable Care Act (ACA), Miller states, "I don't think [states] realize how much power they have in determining how the ACA gets enforced in their state." While most states have embraced the law, there are still dozens who continue to resist it.
Team Marriott: Five Crowell Alumni on Agility, Growth, and Why People Still Come First
October 2014 — Crowell Connect (Alumni Newsletter)
Crowell & Moring alumni Ed Ryan, Michael Martinez, Lisa Greenlees, Carnot Evans, and Dave Bell are all part of Marriott International Inc.'s 65-person legal department, which this spring was named National Law Journal's "Washington In-House Legal Department of the Year." In the debut edition of Crowell Connect, they discuss their memories of the firm and what it's like to be a part of an iconic American company.
Private Bank Fuels Fortunes of Putin's Inner Circle
September 27, 2014 — New York Times
Washington, D.C.-based International Trade Group partner, Cari N. Stinebower, is quoted in New York Times cover story that offers in depth analysis on the workings of Russian President Vladimir Putin's inner circle and their financial transactions. In particular, the article notes that Bank Rossiya, an entity subject to U.S. sanctions, was created for what the Obama administrations calls the "personal bank" of the Putin inner circle. The article notes that this bank, like many others, is webbed into a shell of companies – but that the ownership structure for these companies is not readily identifiable. The lack of transparency into ownership structure says Stinebower, who advises clients on compliance with sanctions, raises "red flags" and corresponding enhanced due diligence requirements. Treasury has clarified that any entity 50 percent or more owned by a sanctioned person is also blocked by operation of law. With regard to CTC Media (CTC), a company with several television channels that was partially owned by a subsidiary of Bank Rossiya, Video International and an agreement CTC had with the subsidiary, Stinebower comments, "The way the law works, it's incumbent on CTC to understand the beneficial ownership of the company they are doing business with" to ensure that there is not "some sanctioned entity at the end of the chain." It has been reported that Video International was able to maneuver around Russian law and placed CTC at risk for violating American sanctions.
Crowell & Moring's Committed to the OnRamp Fellowship Program
September 2014 — Law360, National Law Journal, Bloomberg Businessweek, The Recorder, Legal Intelligencer
Multiple outlets highlight Crowell & Moring's involvement with the innovative "OnRamp" initiative, a new fellowship program that is the first of its kind for BigLaw. The OnRamp fellowship program is bringing back women who took breaks from their legal careers and placing them back into law firm jobs. "By participating in the first 'returnship' ever launched in the legal field, these 15 law firms are trailblazers," OnRamp founder Caren Ulrich Stacy said in a statement. "They are benefiting the profession as well as their own firms by forging a new pathway back for women lawyers who took a break and want to return."
Dealmakers Q&A: Crowell & Moring's Bryan Brewer
September 19, 2014 — Law360
Washington, D.C.-based partner and co-chair of the firm's Corporate Group, Bryan Brewer, speaks with Law360 as part of their dealmaking movers and shakers Q&A series. Brewer shares his personal perspective on an array of questions such as what advice he would give to other inspiring dealmakers and what aspects of regulation affecting his practice are in need of reform. In response to what upcoming trends or under-the-radar areas of deal activity to anticipate, Brewer believes that, "Based on a competitive intelligence view of the market, we do not see divestures or complete transformative transactions as ruling the deal landscape in the short term. For example, based on recent deal flow and other trend data, technology, pharmaceutical, medical, and biotech M&As have all demonstrated a strong opening in the first quarter of 2014, and we expect that to continue."
FCA Free Speech Defense Tested In DOJ-PhRMA Fight
September 19, 2014 — Law360
Washington, D.C.-based partner and co-chair of the firm's False Claims Act Practice, Robert T. Rhoad, discusses the Solis v. Millennium case currently taking place in a California federal court between the U.S. Department of Justice and Pharmaceutical Research and Manufacturers of America (PhRMA) with opposing sides clashing over whether the First Amendment always shields honest off-label promotion. "What the industry really wants here are bright lines and safe harbors," Rhoad said. "And to the extent they get a decision here saying truthful speech cannot be used to support a False Claims Act case, I think that would be a huge victory."
Antitrust Opt Outs Open Doors for Defense Lawyers
September 19, 2014 — The Recorder
Los Angeles-based Antitrust Group partner and head of the firm's Los Angeles office, Jason C. Murray, spoke with The Recorder for a piece examining the increasing number of large firms working on opt-out antitrust cases. Antitrust lawyers say the appetite for opt-outs is growing because recent Supreme Court decisions, including Comcast v. Behrend, have made it more difficult and costly to reach class certification. Because of the risks involved with opting-out, firms conducting plaintiffs-side work are often asked to employ alternative billing arrangements. "Our [plaintiffs] antitrust recovery practice is a traditional plaintiffs practice," Murray said. "We share risk with our clients." Murray, who spends a majority of his time focusing on opt-out cases, attests that "it was really about being entrepreneurial," he said. "It was about finding ways to talk to clients about other opportunities."
EPA High Court Wins Leave Openings For Industry Challenges
September 18, 2014 — Law360
Washington, D.C.-based Environment & Natural Resources Group partner and steering committee member, Kirsten L. Nathanson, speaks with Law360 regarding the U.S. Supreme Court's decisions last term upholding much of the U.S. Environmental Protection Agency's cross-state air pollution and greenhouse gas regulations. Nathanson notes that while this year's term doesn't have as many environment-specific cases, the non-environment cases of Perez v. Mortgage Bankers Association and Nickols v. Mortgage Bankers Association would have an impact across federal agencies including the EPA, the Army Corps of Engineers, and others. "The key issue in the case involves an agency's ability to change its mind — and to change its mind on the interpretation of its own regulations, and to do so without having to go through notice and comment," Nathanson said.
Dealmakers Q&A: Crowell & Moring's Patrick Lynch
September 11, 2014 — Law360
Washington, D.C.-based Energy Group partner, Patrick W. Lynch, took part in Law360's "Dealmakers Q&A" series featuring dealmaking movers & shakers. As part of this series, Lynch shared his perspective on five intriguing questions pertaining to the most challenging deal he has worked on and other dealmakers who've impressed him. When asked about what advice he would give to other aspiring dealmakers, Lynch shared, "When negotiating the complex web of contracts that are part of a large infrastructure project, try and ask yourself "what if" for as many eventualities as could practically (or perhaps not so practically) occur."
Corporate Inversion Executive Order Possible, Crowell Partner Advises Contractors
September 11, 2014 — BNA
Washington, D.C.-based Government Contracts Group attorneys, Angela B. Styles and Stephen J. McBrady, discuss how President Obama might soon issue an executive order making it tougher for corporations that move overseas for tax purposes to win federal contracts. "How hard they will make it to do business with the U.S. government is anyone's guess," Styles said. The order requires contractors to disclose violations of more than a dozen state and federal labor laws and regulations. McBrady added that, "As a result, contractors should review labor law compliance and current arbitration agreements, as well as submit comments on any proposed regulations."
COFC Ruling May Hasten Commercial Contracting's Decline
September 2, 2014 — Law360
Washington, D.C.-based Government Contract Group partner, J. Chris Haile, discusses a recent Court of Federal Claims decision that exempts Federal Supply Schedule contracts from some streamlined commercial acquisition rules, which is causing some concern about the long-term relevance of commercial contracting rules. Because FAR Part 8.4 only provides that FAR Part 12 applies in three instances, it doesn't cover situations in which CMS deviated from commercial practices when making an order under the schedules. "The general presumption has been that the schedules are commercial item contracts, so that while they're subject to FAR Part 8, they're also subject to FAR Part 12," Haile said. "I think that the decision certainly could have come out differently."
Self-Reporting Is All The Rage In Recent Contractor Regs
August 25, 2014 — Law360
Washington, D.C.-based partner, David C. Hammond, talks with Law360 about the recent trend of self-reporting requirements and the effect it's going to have on the government when dealing with the expanding disclosure requirements. "It's going to cost the government to review these disclosures," Hammond said. "It's going to drive up the contractors' costs of compliance ... and that is going to result in higher indirect costs being charged to the government."
States Offering Veteran Tax Credits To Combat High Unemployment Rates
August 22, 2014 — Bloomberg BNA
Washington, D.C.-based Government Contracts Group associate, Gordon Griffin, discusses the growing trend of states that have adopted tax credits for businesses that hire veterans. Griffin, a major in the U.S. Marine Corps Reserve, believes that, "Tax credits are only one tool that states have at their disposal for lowering veteran unemployment, and will be most effective when implemented as part of a larger scheme that includes education, job training, and mechanisms for translating military work experience into civilian licenses and credentials."
BigLaw Pairs Up Attys To Move Needle On Diversity
August 19, 2014 — Law360
Law360 examines how law firms are making the most of professional relationships through implementing formal sponsorship initiatives, a type of individualized advocacy and promotion of proven talent. Crowell & Moring's managing partner, Ellen M. Dwyer, discusses how the firm recently launched a successful sponsorship program in consultation with the Center for Talent Innovation. The article also highlights counsel, Shamiso Maswoswe, who comments on her positive experience participating in the innovative program.
What To Remember When Creating a Product Safety Compliance
August 19, 2014 — PPAI Publications
Washington, D.C.-based partner and co-chair of the firm's Advertising & Product Risk Management Group, Cheryl A. Falvey, was a featured luncheon speaker at Promotional Products Association International's Product Safety Summit. Falvey's keynote presentation provided her audience with a few of the basics toward building a scalable compliance program for their companies and began by defining what that entails. "The policy needs to be a living, breathing commitment," she advised, "and should lay out your commitment, define your responsibility including who and how, and define legal compliance. You'll need to monitor products out in the marketplace that should be reported to the government." Falvey continued, providing many key points and elements to help companies achieve an ideal compliance program.
Employee Secrecy Pacts Don't End Whistleblower Threat
August 15, 2014 — Law360
Washington, D.C.-based Government Contracts Group co-chair, Angela B. Styles, shares with Law360 her thoughts on False Claims Act allegation cases. Styles believes that simply getting a defensible confidentiality agreement or litigation waiver in place isn't always enough for companies looking to protect themselves. "It's not the agreement that's critical, it's the employee's understanding of what's confidential and proprietary," Styles said.
New Rule Increases Pressure On Homeland Security Contracts
August 14, 2014 — Law360
Washington, D.C.-based Government Contacts Group partner, Peter Eyre, discusses the expanded authority of the Defense Priorities and Allocations System (DPAS) and how it will effect various companies and agencies, especially the U.S. Department of Homeland Security and its contractors. "Contractors and subcontractors that traditionally haven't dealt with rated orders are more likely to see them because of this expansion. Companies will need to become familiar with these obligations," Eyre said. "And I suspect that civilian agencies — especially DHS — are going to be figuring out how to use the expanded coverage and authority."
Riley's Implications on Future Jurisprudence and Fourth Amendment Discussed in Webinar
August 14, 2014 — Bloomberg BNA
Justin P. Murphy, a counsel in the Washington, D.C. office and member of the firm's E-Discovery and Information Management and White Collar & Regulatory Enforcement groups, participated in a webinar panel discussing the landmark case of Riley v. California, which is the third decision the Supreme Court has issued since 2010 discussing advanced technologies. In this case, the Supreme Court unanimously held that the warrantless search and seizure of digital contents of a cell phone during an arrest is unconstitutional. Murphy described Riley as an opinion "that brings together and harmonizes two earth-shattering revolutions—the American Revolution and the digital revolution." Murphy continues, telling the audience how, "Riley resolved years of inconsistent lower court decisions," and that, "the Court concedes that we are indeed in a new digital age."
Most Allegations Survive In Signal Human Trafficking Suit
August 13, 2014 — Law360
This article covers the case, David et al. v. Signal International LLC et al., which alleges that Signal International LLC coerced citizens of India to pay expenses for temporary work visas after they came to the U.S. on temporary H2-B work visas, based on false promises that they would eventually secure more permanent work and immigration status. In a recent ruling, a Louisiana federal judge denied most of a motion to dismiss filed by Signal. New York-based attorneys, Alan Howard, Hugh Sandler, Amal Bouhabib, and Chiemi Suzuki, are representing a number of the workers in this case.
5 Tips For Internal False Claims Act Investigations
August 13, 2014 — Law360
Angela B. Styles, co-chair of Crowell & Moring's Government Contracts Group, shares her insights on False Claims Act investigation cases and provides helpful tips for outside counsel and internal employees. Styles warns that outside attorneys, like herself, often have to overcome poor first impressions with the internal employees they’re interviewing. She noted that it's crucial to quickly develop a rapport and deliver an "Upjohn warning," reminding them that they represent only the corporation and not the individual, in a way that is both gentle and clear, allowing the interview to proceed smoothly.
NCAA Ruling Clears Path For More Antitrust, Labor Brawls
August 11, 2014 — Law360
Los Angeles-based Antitrust Group partner, Jason C. Murray, discusses a California federal judge's ruling that the National Collegiate Athletic Association's (NCAA) ban on paying elite football and men's basketball players broke antitrust laws could incite anti-competition suits from other divisions and sports teams in the NCAA. Murray argues that the decision could spur challenges under Title IX, which bars sex discrimination in athletics programs that receive federal funding. "That could be the next big issue in these cases, since the ruling could open up larger 'scholarship' opportunities for men than women athletes, raising the specter of unequal treatment under Title IX," said Murray.
7 Lingering Questions On Contractor Labor Violation Reports
August 6, 2014 — Law360
Washington, D.C.-based Government Contacts Group partner, Peter Eyre, speaks with Law360 regarding the lingering questions on contractor labor violation reports. When speaking to the mandatory disclosure rule, Eyre says, "It's taken years to get clarity on what happens to the information when it's disclosed [under the mandatory disclosure rule], and here, too, industry will need clarity on how the government will weigh and act upon these new disclosures."
20 Questions with California Fellow John S. Gibson of Crowell & Moring LLP
July/August 2014 — Litigation Commentary & Review
John S. Gibson, Orange County-based antitrust partner, is featured in a 20-question interview piece by Litigation Commentary & Review. Gibson talks through a wide-range of topics from his success as a trial lawyer to his own personal motto. When asked, "What is the civic cause with which you most identify?," Gibson praised sponsorship stating, "I think it is important to support our next generations through sponsorship. Sponsorship goes beyond mentoring and giving advice. Sponsorship means using my experience, contacts, skills, and time for the benefit of those I sponsor."
Governance, Risk & Compliance Trailblazers & Pioneers 2014, Cheryl Falvey
July 28, 2014 — National Law Journal
Cheryl A. Falvey, a Washington, D.C.-based partner and co-chair of the firm's Advertising and Product Risk Management Group, is featured as one of the NLJ’s "2014 Governance, Risk & Compliance Trailblazers & Pioneers." The National Law Journal highlights the experience Falvey gained as general counsel of the Consumer Product Safety Commission, as well as her outlook for the bright future ahead for consumer safety.
3 Tips For Workable FCA Release Programs
July 25, 2014 — Law360
Robert T. Rhoad, co-chair of the firm's False Claims Act Practice, shared some tips with Law360, stemming from the rise of qui tam False Claims Acts lawsuits. "You're never going to fully eliminate your exposure," Rhoad told Law360. "But what you can try to do is mitigate it as much as you possibly can. Be forward-looking at the time you employ someone, where you have an employment agreement that obligates them to disclose any information that they may become aware of that might suggest any violation of federal or state law."
Defense Attorneys Say Government's Videotaped Interrogation Policy Falls Short
July 23, 2014 — The Daily Journal
Los Angeles-based White Collar & Regulatory Enforcement Group partner, Janet Levine, speaks to The Daily Journal about the Justice Department's recent announcement requesting federal law enforcement agents videotape their interrogations. "I think it takes away a defense tool, which was to attack the credibility of the agents through their failure to use modern equipment and statements that might be less than accurate," said Levine. "On the other hand, in some cases it keeps law enforcement in line from exaggerating what was said in a statement."
Health Care Cases To Watch In The 2nd Half Of 2014
July 23, 2014 — Law360
Washington, D.C.-based Government Contracts Group partner and co-leader of the firm's Government Procurement Fraud/False Claims Act team, Robert T. Rhoad, discussed the impact of closely-watched, FCA case, Kellogg Brown & Root Services Inc. et al. v. U.S. ex rel. Carter. The U.S. Supreme Court recently agreed to hear this case, which has the potential to significantly weaken the six-year statute of limitations law for the Wartime Suspension of Limitations Act in FCA cases.
Fed. Cir. Won't Hear Appeal of Infringer's Injunction Contempt Until Sanctions Set
July 17, 2014 — BNA
This article covers the case Arlington Industries, Inc. v. Bridgeport Fittings Inc., and notes "the key holding in the case is that Bridgeport Fittings appealed too soon after it was found in contempt of an injunction for patent infringement." Of particular note regarding the outcome of this matter, BNA reports that "the Federal Circuit doesn't have jurisdiction over contempt orders until sanctions are entered; Bosch applies to infringement cases only." Washington D.C. -based, Intellectual Property Group partner Kathryn L. Clune represented Arlington Industries in the case.
Fed. Circ. Axes Bridgeport Contempt Appeal Over Cable Patent
July 17, 2014 — Intellectual Property Law360
Law360 reports that "the Federal Circuit dismissed an appeal from Bridgeport Fittings Inc. over a lower court's finding that it had violated a settlement related to an electrical cable patent, ruling that the court did not have jurisdiction because the agreement hadn’t been modified. The three-judge appeals panel held that a lower court had merely interpreted, rather than modified, a 2004 agreement barring Bridgeport from producing electrical connectors that allegedly infringed on Arlington Industries Inc. when it entered a contempt order against the company in 2013." The case is Arlington Industries, Inc. v. Bridgeport Fittings Inc. Washington D.C. -based, Intellectual Property Group partner Kathryn L. Clune represented Arlington Industries in the matter.
5 Tips For Crafting Multistate FCA Settlements
July 14, 2014 — Law360
Robert T. Rhoad, co-chair of the firm's False Claims Act Practice, discussed with Law360 the challenges for health care companies facing increased lawsuits in multiple jurisdictions and decisions over choices in settlement talks. Rhoad addressed specific strategies health care companies can use when crafting FCA settlements.
US-China Investment Pact Talks May Spur Market Reform
July 11, 2014 — Law360
Jonathan Kallmer, Washington, D.C.-based counsel in Crowell & Moring's International Trade Group and former Deputy Assistant U.S. Trade Representative for Investment, discusses the upcoming talks between top government officials associated with the U.S.-China bilateral investment treaty. "The market access discussions will be substantially more difficult, because it goes to the existential question of how China structures its economy and whether and to what extent it will subject itself to international law obligations regarding the opening of its markets," Kallmer said. "This will be another major step." Kallmer served as the lead investment official when BIT talks launched in 2008.
Law360 Names Attys Who Moved Up The Firm Ranks In Q2
July 11, 2014 — Law360
Law360 highlights the 2014 second quarter promotions and leadership announcements among various law firms. The Crowell & Moring attorneys mentioned include: Elieen M. Gleimer and Gerald F. Murphy, named co-chairs of the firm's Aviation Group; Bryan Brewer, named co-chair of the firm's Corporate Group; Ian A. Laird, named co-chair of the firm's International Dispute Resolution group; and Eric Edwards, named chair of the firm's Government Affairs Group.
4 Tips To Avoid Landing In Trade Secrets Hot Water
July 9, 2014 — Law360
Mark Klapow, a partner in Crowell & Moring's Trade Secrets Practice, spoke with Law360 about some best practices companies should have in place to protect themselves from trade secret concerns.
Appeals Court Preserves Attorney-Client Privilege
July 8, 2014 — Compliance Week
Andy Liu, co-chair of the firm's False Claims Act Practice, spoke with Compliance week about the case In re Kellogg Brown & Root before the U.S. Court of Appeals for the District of Columbia and its significance for in-house counsel. According to the article, this case is an important for all companies that conduct internal investigations as the federal appeals court decision effectively preserved attorney-client privilege protections.
Fifth Circuit: FCA Not Applicable to Claims That Didn't Involve Federal Funds, Entity
July 8, 2014 — BNA Federal Contracts Report
Washington, D.C.-based partner, and co-chair of the firm's False Claims Act Practice, Andy Liu spoke with Bloomberg BNA about the Fifth Circuit's decision in United States ex rel. Shupe v. Cisco Sys. Inc. According to Liu, "The case serves as a reminder that although the FCA has a broad reach, it is not without limits." The case found False Claims Act did not apply to allegations that telecommunications firms presented material false claims.
High Court Could Rein In Old FCA Claims With KBR Case
July 2, 2014 — Law360
Co-chair of Crowell & Moring's False Claims Act Practice, Andy Liu, talks to Law360 about the False Claims Act case before the Supreme Court of the United States, Kellogg Brown & Root Services Inc. et al. v. U.S. ex rel. Carter, that raises questions about the law's statute of limitations during periods of war.
High Court's Recent Term Isn't The Green Light EPA Thinks
July 1, 2014 — Law360
Washington, D.C.-based partner in Crowell & Moring's Environment & Natural Resources Group and member of the group's steering committee, Kirsten L. Nathanson, discusses how Environmental Protection Agency cases faired in the Supreme Court's recent term. As mixed feelings arise, Nathanson chalked the past term up as a win for the EPA stating the agency's victory in the EPA v. EME Homer case that resurrected the EPA's regulation of air pollution crossing state borders.
Armed Services Board of Contract Appeals: ASBCA Stays Appeals to Avoid Confusion With Courts, Allow for Full Resolution
June 30, 2014 — BNA Federal Contracts Report
Government Contracts Group counsel Stephen McBrady discusses how over the past few years prosecutors have attempted to halt contractors' appeals before the Armed Services Board of Contract Appeals (ASBCA) because of alleged similarity to litigation taking place in district court. McBrady says, "when the government seeks to suspend contract claims pending the outcome of criminal or civil cases, the board, following Supreme Court's decision in Landis v. North American Co., 299 U.S. 248, 57 S. Ct. 163, 81 L. Ed. 153 (1936), requires the government to 'make out a clear case of hardship or inequity in being required to go forward'" if the stay may cause harm.
Lawyers React To Supreme Court's Cellphone Search Ruling
June 25, 2014 — Appellate, Privacy, Technology, and White Collar Law360
Los Angeles-based White Collar & Regulatory Enforcement partner and chair of the firm's Trial Practice, Janet Levine, tells Law360 the significance of the decision made by the Supreme Court on June 25 which states that in most circumstances law enforcement officers cannot search information on a detained suspect's cellphone without a warrant. Specifically, Levine says, "In an unexpectedly sweeping opinion, a nearly united Supreme Court recognized the Fourth Amendment's protection for digital privacy. Chief Justice Roberts' opinion is grounded on the Founders' abhorrence of general warrants and unparticularized intrusions into our private lives. It highlights the pervasiveness of cell-phone — 'minicomputer' — use, as well as the volume and breadth of data, current and historical, accessible through such devices. Continuing the sea-change started with Justice Sotomayor's concurrence in Jones, and citing to John Adams, the court voices deep concern about providing law enforcement warrantless windows into our lives, and skepticism about the government's officer-safety and risk-of-evidence-destruction rationales. Recognizing the revolutionary nature of modern technology, the court affirms that cell phones are different and tells the government the answer to its concerns is 'simple' — get a warrant."
Lawyers Weigh In On Supreme Court's Aereo Ruling
June 25, 2014 — Appellate, IP, and Media & Entertainment Law360
The U.S. Supreme Court on June 25 ruled that online television streaming service Aereo Inc. violates copyright law by retransmitting over-the-air programming without authorization. John Stewart, IP partner in the firm's Washington, D.C., office and co-head of the firm's member of the firm's global TLD and Domain Name Practice, tells Law360 why the decision in American Broadcasting Companies Inc. v. Aereo Inc. is significant. "America's unique system of free broadcasting provides unparalleled programming service. The Copyright Act carefully balanced the interests of creators, distributors and viewers to sustain this service. The court's decision was plainly driven by the transparency of Aereo's attempts to evade Congress's balance. Even the dissent agrees it 'ought not to be allowed.' The court's opinion reinforces the balance, without impinging on new methods of program delivery developed in cooperation with content owners. The court's analysis of the Transmit Clause and users' prior rights in stored content may affect the remand on Aereo's delayed-transmission services, notwithstanding prior court of appeals decisions."
Attys React To Supreme Court Ruling On EPA Emissions
June 23, 2014 — Law360
Bob Meyers, Washington, D.C.-based senior counsel in Crowell & Moring's Environment & Natural Resources, spoke with Law360 regarding the U.S. Supreme Court's recent ruling on EPA emissions rules.
Contractors Prepare For Expanding Anti-Counterfeit Crusade
June 10, 2014 — Aerospace & Defense, Government Contracts, and Public Policy Law360
When asked whether Government-Industry Data Exchange Program (GIDEP), which is managed by the Pentagon, is the most appropriate vehicle for the new reporting framework, Government Contracts partner Peter Eyre told Law360, "I think you'll see comments about GIDEP itself and whether GIDEP is equipped for this type of activity," Eyre said. "This could be a significant expansion because contractors would be reporting directly into GIDEP and using GIDEP to screen, prior to purchasing supplies. Incorporating that screen into your procurement process is potentially quite onerous and might necessitate enhancements to the GIDEP system itself."
Systems to Find Fake Parts Must Meet Several Criteria, Crowell Attorney Says
June 5, 2014 — BNA Federal Contracts Report
Washington, D.C.-based counsel and member of the Government Contracts Group, Richard Arnholt, is quoted throughout this BNA piece featuring coverage of a recent webinar he participated in about a new Defense Department final rule published in the May 6 Federal Register (101 FCR 507, 5/6/14). Arnholt discussed how contractors' systems for detecting counterfeit electronic parts must, "address numerous criteria to meet a new Defense Department rule. … Systems must include training a company's personnel for the new rule, Arnholt said. Employees in purchasing, engineering, and legal affairs—not just quality control—are involved in understanding and mitigating counterfeit parts."
DOJ Asks Justices To Reject Potential Landmark FCA Case
June 3, 2014 — Law360
Washington, D.C.-based White Collar & Regulatory Enforcement Group partner and co-leader of the firm's False Claims Act Practice, Andy Liu, discussed with Law360 the arguments surrounding the DOJ having recently urged the U.S. Supreme Court not to take up a False Claims Act case that raises questions about the law's statute of limitations during periods of war.
IRS Ruling Small Setback for Ethanol Producers
May 30, 2014 — Ethanol Producer Magazine and Oil Price Information Service (OPIS)
Washington, D.C.-based Tax Group associate, Ariel Applebaum-Bauch, spoke with Ethanol Producer Magazine about the IRS ruling 2014-17. According to the article, the ruling will lengthen the depreciation timetable for some tangible assets used to produce ethanol to seven years from five. This is considered a small setback for ethanol producers that might invest in new facilities or upgrades to existing plants. According to Applebaum-Bauch, "The IRS used the 'primary use' test to make its determination. The IRS took the position that assets used to produce ethanol fell into the same recovery class as assets used to convert ethanol to fuel-grade ethanol. Under the primary use test, property is included in the asset guideline class 'for the activity in which the property is primarily used." The ruling still leaves at least one unanswered issue, according to Applebaum-Bauch. "The IRS position that the assets used in discreet phases of the production process fall within a single asset class is arguably inconsistent with the rule, under Section 263(a), which would treat the distillation assets used in creating ethanol as a separate unit of property from other plant assets, such as the blending facilities used to convert distilled ethanol to fuel grade ethanol," Applebaum-Bauch wrote in an online Crowell & Moring client alert.
Des Stratégies Variées
May 29, 2014 — Trends Magazine
Crowell & Moring's Brussels-based partner, Thomas De Messe, is featured in an article citing recent growth of Anglo-Saxon law firms is surprising. The article reports that many of these firms are not satisfied to accompany their international customers and to develop their practice in European law, but are interested more and more in the Belgian market. De Messe confirms this, stating, "Our local anchoring offers us greater flexibility and less dependence on the international network."
DC Focus: The City. The Law. The Lawyers.
May 2014, Issue 31 — World ECR
Crowell & Moring LLP's International Trade Group was featured in a WorldECR special report examining the importance of Washington, D.C. in the U.S. and international export controls and sanctions landscape. The report talked with Crowell & Moring attorneys and other leading lawyers about the impact of U.S. Export Control Reform on real-life business, U.S. sanctions policy and practice, and other issues. WorldECR is the journal of export controls and sanctions.
Crowell & Moring Names N.Y. Managing Partner
May 6, 2014 — New York Law Journal
Edwin Baum, managing partner of Crowell & Moring's New York office and member of the firm's Litigation Group, is featured in this profile that highlights his leadership of the firm's second largest office. Regarding future growth of the office, Baum cites, "plans to expand in securities, commercial, financial services and antitrust practices, as well in intellectual property, insurance and reinsurance." The article notes that Baum "would like the office to grow to 75 to 100 lawyers in near term, but added that there is no set target, since the firm is more focused on finding the right people."
DOD Counterfeit Parts Rule Signals Tough Enforcement / Final Rule on Counterfeit Electronic Parts
May 6, 2014 — Law360 / BNA Federal Contracts Report
Government Contracts Group partner Peter Eyre offers his thoughts on the U.S. Department of Defense's final rule issued on May 6 intended to remove counterfeit electronic parts from its supply chain. He says, "DOD is very serious about the integrity of the supply chain and they recognize that carving out off the shelf items leaves a gap in their coverage,…The final rule demonstrates that DOD expects visibility and coverage from top-to-bottom of the supply chain."
Energy Lawyers Turn to Smaller Scale Work
May 4, 2014 — Los Angeles Daily Journal
San Francisco-based Energy and Corporate group partner, Baird Fogel, discussed with the Los Angeles Daily Journal the recent rise in distributed generation-type work and the impacts on the California energy legal markets.
FCA Wave Sparks Debate Over DOJ Power To Boot Weak Suits
May 2, 2014 — Law360
Washington, D.C.-based Government Contracts partner and co-leader of the firm's Government Procurement Fraud/False Claims Act team, Robert T. Rhoad, discussed with Law360 the controversy surrounding the DOJ's power as it relates to the department's ability to throw out meritless False Claims Act cases. The article looks at FCA provision - 31 U.S.C. 3730(c)(2)(A) - that allows the government to dismiss complaints over the objections of the person who brought the case.
Plaintiffs Move to Reinstate Claims in 9/11 Detention Case
May 2, 2014 — New York Law Journal
The New York Law Journal reports on a Second Circuit oral argument over a putative class action in which New York-based associate, Hugh Sandler, defends former detention center Warden, Dennis Hasty, for allegedly violating the Constitutional rights of plaintiffs who were swept up in a post-9/11 dragnet operation and subject to a "hold-until-clear policy." The article paraphrases part of Sandler's argument to the Court, asserting that Hasty should not be sued because, "He was acting at the direction of Washington, D.C., when he housed detainees in the special unit and cut off communication," and that Hasty "was deferring to the authority of senior officials in Washington because the 'dangerousness' of the detainees 'was determined by the FBI.'"
Rule Changes to Ease e-Discovery Burden on Horizon
April 29, 2014 — Compliance Week
Partner and co-chair of the firm's e-Discovery & Information Management Group, David Cross, discusses Rule 26(b) and says that the idea that "discovery shouldn't cost more than the claim itself." He also says, "It's no longer a question of whether the information bears on a claim or defense, but also whether discovery should be allowed at all."
5 Tips For Delivering An Effective Direct-Examination
April 28, 2014 — Law360
San Francisco-based partner and co-chair of the firm's Litigation Group, Greg Call, shares best practices for delivering effective direct examinations at trial. Based on his extensive experience in the courtroom, Call offers strategic tactics for engaging with jurors. Among other notable advice, Call suggests, "If you get the reputation that you do your job and do it quickly, jurors are likely to pay attention to what your witnesses say. You don't want jurors thinking, 'This is going to take forever,' every time you call a witness. You want to earn the reputation of the lawyer who gets to the point."
5 Years After FERA, FCA Landscape Still Unsettled
April 28, 2014 — Law360
Washington, D.C.-based Government Contracts partner and co-leader of the firm's Government Procurement Fraud/False Claims Act team, Robert T. Rhoad, discussed with Law360 the fifth anniversary of the passage of the Fraud Enforcement and Recovery Act (FERA), and the impact of new statutory language.
Lead Report: Cybersecurity Plan Confusing, Should be Revamped, Attorneys Say
April 28, 2014 — BNA Federal Contracts Report
Washington, D.C.-based partner, David Bodenheimer, who handles government contracts, FCA, privacy, and cybersecurity matters, talks to BNA about the recent draft plan released by the General Services Administration's to manage cybersecurity risks in the federal acquisition process. The plan is causing confusion among some, and Bodenheimer tells BNA that implementing more than one recommendation at a time creates difficulties. "It's hard to implement one in isolation without considering others," he said. "If you do that before proceeding with training, it's hard to have an informed risk strategy without having people with the proper understanding of cybersecurity definitions. If everyone is working with several different definitions, you come up with several different understandings."
3 Lessons From The FTC's ProMedica Hospital Merger Win
April 22, 2014 — Law360
Katherine I. Funk, Washington, D.C.-based partner in Crowell & Moring's Antitrust and Health Care groups, spoke with Law360 regarding the Federal Trade Commission's decision to let ProMedica merge with St. Luke's hospital.
Is This the Death of Hourly Rates at Law Firms?
April 13, 2014 — Washington Post
In this feature story about the trend of law firms use of alternative fee arrangements, Kathryn D. Kirmayer, partner in Crowell & Moring's Litigation Group and vice-chair of the firm's Finance Committee, with responsibility for value-based pricing, is quoted about the increased use of innovative billing arrangements in the legal industry. Among her remarks, Kirmayer notes, "Law firms have been extraordinarily profitable over the last 50 years based on a model that has them charging by the hour, so clients are rewarding effort, not results, but now with changes in the economy, clients realized they couldn't continue spending on legal services the way they had been. They shrank the market, so law firms had to shake up the way they did business and figure out how to deliver the same quality of legal services at a more realistic price point. That's like changing an entire culture." The article cites Kirmayer's thought leadership on the topic of value based billing by noting that she regularly speaks at in-house counsel conferences about how to structure alternative fees.
Justices Leave FCA Pleading Dispute To Circuits, For Now
March 31, 2014 — Appellate, Corporate, Employment, Government Contracts, Health, and Life Sciences Law360
Washington, D.C.-based partner, and co-chair of the firm's False Claims Act Practice, Andy Liu tells Law360 that because there are so many FCA suits being filed each year, and with whistleblowers bringing so many complaints forward, "it's likely that many opportunities will arise for a Rule 9(b) clash to finally become ripe. 'There won't be any shortage of cases in the future,…The Rule 9(b) issue will be raised again.'"
BNA Snapshot: CPSC Director Kaye Nominated as Chairman; Served as Tenenbaum Counsel, Chief of Staff
March 28, 2014 — BNA
When asked about the recent nomination of Elliot F. Kaye to CPSC commissioner and chairman, Washington, D.C.-based partner, and former CPSC general counsel, Cheryl Falvey, tells BNA that "Kaye is strongly 'committed to the mission" of the agency and worked very hard on some important issues when she was there.'" Additionally, she notes that "Kaye approached some recall issues 'with a problem-solving perspective, which I think is actually good for all the stakeholders. 'He has the consumers' interests at heart; he also wants to find a way to get to yes. '"
ESI in the Criminal Justice System Webinar Discusses Pre- and Post-Indictment Issues
March 27, 2014 — BNA: Digital Discovery & e-Evidence
Justin Murphy, counsel in the firm's Washington, D.C. office and member of the firm's E-Discovery & Information Management Practice, participated in a BNA webinar discussing issues that arise surrounding electronically stored information in the criminal justice system. Specifically, Murphy spoke about two recent cases dealing with government search warrants in terms of the Fourth Amendment, and what information the government could receive from Facebook accounts.
5 Tips For Federal Contractors Facing New Hiring Rules
March 24, 2014 — Law360
Washington, D.C.-based Labor & Employment Group counsel Rebecca Springer tells Government Contracts Law360 that due to "quite a bit of vagueness in the regulations and how they're being interpreted, so the OFCCP is using FAQs to address some of the questions that contractors have." She goes on to say that because those are just frequently asked questions and not written into regulation, the OFCCP could change the answers at any moment.
Netflix Streaming Suites Highlight Tax-Tech Mismatch
March 24, 2014 — Tax Analysts
Walter Nagel, a Washington, D.C.-based Tax Group partner, discusses the important difference between streaming and cable and how the different ways consumers watch television can and should be taxed. He says, "Streaming may be like cable from a comsumer perspective, but there is a fundamental difference between streaming and cable… cable is served to customers in a very real, tangible way, but with streaming, there is this nexus piece that is missing."
Lead Report: Court of Federal Claims Cases Reveal Ways to Recover Bid, Proposal Costs
March 17, 2014 — BNA Federal Contracts Report
In reaction to recent U.S. Court of Federal Claims (COFC) decisions that have used different standards to determine recovery of bid preparation and proposal costs, Washington, D.C.-based Government Contracts Group partner John McCarthy tells BNA that he "anticipates future cases in which costs that fall under the marketing or pre-contract logistics categories noted in Innovation Development are recognized as part of a substantial proposal submission effort."
Harder Nuts To Crack Than Tariffs In US-EU Talks
March 12, 2014 — International Trade Law360
Washington, D.C.-based International Trade Group counsel, Josh Kallmer, discusses why he is paying attention to what happens with the EU's three-month consultation period on investment. "Beyond affecting the TTIP's investment provisions," he said, "the consultation raises broader questions about the level of political will in support of the TTIP talks and whether there may be similar pauses in the future on some of the tough aspects of the negotiations."
DOJ Skittish About Supreme Court Review Of FCA Pleading
February 27, 2014 — Government Contracts Law360
Co-chair of the firm's False Claims Act Practice, Andy Liu, talks to Law360 about Rule 9(b) and the misunderstanding about what the Rule means for the government. This article looks at "the open-ended interpretation of how Rule 9(b)'s pleading requirements apply to FCA litigation." Liu says that the language in the Rule's brief, "misreads the purpose of Rule 9(b), which is supposed to protect defendants by giving them fair notice of claims against them, safeguard them against spurious accusations and reputational harm, and reduce the possibility of meritless fraud claims that are based on speculation."
BNA Videos: Crowell's Conversations in Bloomberg BNA
February 21, 2014 — Bloomberg BNA
Tax Group attorneys Donald Griswold, Walter Nagel, both partners, and Jeremy Abrams, counsel, sat down with Bloomberg BNA to discuss the Tax Groups' monthly column with the publication, "Crowell's Conversations." In this video, the attorneys tell the audience about what makes "Crowell's Conversations" so unique and what to expect to read in their column this year.
Female Powerbrokers Q&A: Crowell's Ellen Dwyer
February 7, 2014 — Labor & Employment Law360
Law360 has recognized Ellen M. Dwyer, Crowell & Moring's managing partner and member of the firm's Labor & Employment Group, in their 2014 "Female Powerbroker" series. In this feature, Dwyer discusses her professional and personal experiences as a successful woman in the legal industry which many consider to be "an old boys' network." When asked what advice she would give to aspiring female lawyers, Dwyer notes, "I would urge a young woman attorney to of course do excellent work, but then to get out of her office, and to let the lawyers around her know what her ambition is, and her commitment to realizing it. She should throw her hat in the ring for opportunities, and worry about how she can manage it all after she gets the opportunity. She'll find a way to manage, and in the interim, she will grow tremendously as a lawyer and person."
Discussions With VA Did Not Alert Protester To Serious Quotation Deficiency, GAO Rules
January 30, 2014 — BNA Snapshot
Washington, D.C.-based counsel and member of the firm's Government Contracts Group, Steve McBrady, discussses the recent decision released by the GAO that, acccording to the article, the Department of Veterans Affairs held misleading discussions because it failed to identify a critical quotation deficiency. McBrady says the case is, "a reminder to all contractors considering their protest options that simply because the agency characterizes an exchange (or in this case, numerous exchanges) as 'clarifications', that does not mean that GAO will necessarily agree."
Female Powerbrokers Q&A: Crowell's Angela Styles
January 27, 2014 — Government Contracts Law360
Angela Styles, co-chair of Crowell & Moring's Government Contracts Group, tells Law360 about her experience as a successful woman in what many consider to be "an old boys' network," and answers other questions in the publication's "Female Powerbrokers Q&A" series. Included in her advice to aspiring female lawyers, "The women lawyers that are most successful in law firms and companies are those that truly enjoy the work. The reality is that success takes an extraordinary commitment to clients and the practice of law in terms of both hours and sheer personal dedication."
Federal Contractors to Get Greater Scrutiny of Pay Practices
January 22, 2014 — Compliance Weekly
Rebecca Springer, a counsel in Crowell & Moring's Labor & Employment Group, tells Compliance Week that the OFCCP's regulatory agenda shows signs that a new data collection tool is playing an important role in the OFCCP's "establishment-specific, contractor-wide, and industry-wide analyses." Using such data to perform compensation audits across a contractor's multiple establishments would be a "significant change."
Feds Could Get More Aggressive with False Claims Act in 2014
January 13, 2014 — Modern Healthcare
Troy Barsky, a partner in the firm's Health Care Group, is interviewed by Modern Healthcare to discuss how government investigators are likely to start wielding the False Claims Act even more aggressively than in the past. Barsky says, "the Justice Department's willingness to pursue huge False Claims cases on physician compensation against hospitals is new. In fact, it has created a great deal of uncertainty among providers who also recognize various financial incentives from the [Centers for Medicare & Medicaid Services] that favor doctor-integration." Barsky is the former director of the CMS Division of the Technical Payment Policy, Chronic Care Policy Group.
Securities Cases To Watch In 2014
January 1, 2014 — Appellate, Class Action, and Securities Law360
New York-based partner Daniel Zelenko discusses what cases will be the ones to watch for in the coming year. Specifically, he says that both the DOJ and SEC will, "likely launch scores of new insider trading actions in the coming year." Continuing, he notes, "Insider trading cases are very appealing to prosecutors. They can be investigated quickly without a huge commitment of resources, and often the motives for the trading are very apparent to potential jurors."
Government Contracts Regulation And Legislation To Watch In 2014
January 1, 2014 — Aerospace & Defense and Government Contracts Law360
When asked about what regulations and legislation government contracts and lawyers will be watching this new year, Washington, D.C.-based Government Contracts partner Peter Eyre says, "I think there's going to be much more focus on sources and how prime contractors supervise and monitor subcontractors in their supply chain. There's also a question of who's going to bear those costs. …There are dollars associated with closer scrutiny of the supply chain."
Energy Cases To Watch In 2014
January 1, 2014 — Energy Law360
Larry Eisenstat, an Energy Group partner based in Crowell & Moring's Washington, D.C. office, discusses one of the top energy cases to watch in 2014, South Carolina Public Service Authority v. FERC. About the case he says, "At the highest level, it's about FERC's authority to require a certain degree of planning and certain way of determining under what circumstances can transmission be built. …To some extent, it's another state-federal issue, and to some extent, it's a new [generation] entry issue."
IP Legislation To Watch In 2014
January 1, 2014 — IP Law360
Chair of Crowell & Moring's Intellectual Property Group, Mark Supko, talks to Law360 about intellectual property legislation to watch in 2014. He notes that the Innovation Act, "would be a pretty fundamental sea change in patent litigation." The House of Representatives passed the Innovation Act in December 2013, which according to Law360, "includes many significant changes to patent law, such as requiring more detail in patent complaints and limiting discovery, but the real fight in 2014 will take place in the Senate."