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Full-Text Articles in Law
Missing The Role Of Property In The Regulation Of Insider Trading, Kevin R. Douglas
Missing The Role Of Property In The Regulation Of Insider Trading, Kevin R. Douglas
Catholic University Law Review
For decades, legal scholars have evaluated the law and practice of insider trading through a property lens. Some have debated whether a property rationale is useful for explaining past cases or might make a useful framework for deciding tough cases in the future. Others have explored which market actors should be allocated property rights in inside information in order to increase the efficiency or liquidity of U.S. securities markets. Yet scholars seem to have missed the fact that officials have consistently relied on the violation of some party’s property rights to justify imposing liability for insider trading—including in classical theory …
The Potential Effect Of The Department Of Labor’S New Fiduciary Rule On Broker-Dealers And The Middle Income Retirement Investors Who Rely On Them, Nadia Yoon
Catholic University Law Review
On April 6, 2016, the U.S. Department of Labor issued a final rule aimed at increasing the reach of the definition of fiduciary status under the Employee Retirement Income Security Act of 1974 (ERISA). This rule closed a loophole that had allowed broker-dealers to avoid becoming investment advisers under ERISA, allowing them to provide bad advice to their retirement clients without disclosing material conflicts of interest. This note begins by laying out the fiduciary rules and standards under ERISA and the U.S. Securities and Exchange Commission’s oversight regime before the final rule. It then lays out the relevant details of …
Kicking Employers While They Are Down: Vicarious Liability Under The Anti-Kickback Act, Daniel Horner
Kicking Employers While They Are Down: Vicarious Liability Under The Anti-Kickback Act, Daniel Horner
Catholic University Law Review
The Anti-Kickback Act is one of the instruments the Government uses to punish and prevent procurement fraud. The Act creates criminal and civil liability for the use of kickbacks by government contractors. Specifically, the civil provision contains two subsections -- one punishing employees for their actions, and the other punishing employers under a theory of strict liability. In United States ex rel. Vavra v. Kellogg, Brown & Root, the United States Court of Appeals for the Fifth Circuit held that employers are subject to vicarious liability for their employees' violations of the first subsection of the civil suit provision …
Drawing The Line: Board Of Contract Appeals' Jurisdiction To Make Determinations Of Fraud, Benjamin Williams
Drawing The Line: Board Of Contract Appeals' Jurisdiction To Make Determinations Of Fraud, Benjamin Williams
Catholic University Law Review
No abstract provided.
Putting The “Uniform” Back In The Securities Litigation Uniform Standards Act Of 1998: The Case For Employing A Reasonable Relationship Approach, Christopher R. Bellacicco
Putting The “Uniform” Back In The Securities Litigation Uniform Standards Act Of 1998: The Case For Employing A Reasonable Relationship Approach, Christopher R. Bellacicco
Catholic University Law Review
No abstract provided.
The False Claims Act’S First-To-File Bar: How The Particularity Requirement Of Civil Procedure Militates Against Combating Fraud, Joel Deuth
Catholic University Law Review
No abstract provided.
Clarifying The Doctrine Of Inequitable Conduct, Elizabeth I. Winston
Clarifying The Doctrine Of Inequitable Conduct, Elizabeth I. Winston
Scholarly Articles
Addressing squarely the issue of the multiple standards of materiality in inequitable conduct litigation, Therasense v. Becton Dickinson raises many difficult issues that could be clarified through the lens of the analogous concept of fraud on the Trademark Office. The standards for finding fraud on the Trademark Office lack the ambiguity found in the doctrine of inequitable conduct, despite the parallel penalties of unenforceability and requirements of proof of materiality and intent. Informed by the many decisions of Judge Michel, this essay concludes that the standards for finding fraud before the Trademark Office, as set forth in In re Bose, …