• Risks and Rewards of Independent Internal Investigations (ACC Docket)

    The Association of Corporate Counsel publishes ACC Docket, a monthly magazine for members. The October 2010 issue features an article on the benefits of independent internal corporate investigations. The most valuable portion of the article discuss how we have arrived […]

  • Internal Investigations and the Use of Auditors and Accountants

    When whistleblowers report potential ethics violations within companies, the first step the company must take is an internal investigation. The best internal investigations are independent and led by outside counsel, for a variety of reasons. But what about the part […]

  • The Fun Continues in the Medifast Litigation

    UPDATE: On February 17, 2010, Medifast Inc. filed suit in US District Court, Southern District of California, alleging defamation, violation of California Corporations Code, and unfair business practices. On March 29, 2011, Judge Janis Sammartino dismissed all of Medifast’s claims […]

  • Short On Ethics

    American Journalism Review By Cary Spivak Two Web sites that investigate business fraud are funded by short selling—placing market bets that the stock of companies they write about will go down. It’s an approach that makes journalism ethicists very uncomfortable. […]

  • Whistleblower Provisions Under Dodd-Frank

    There has been lots of chatter about the whistleblower provisions under Dodd-Frank. A whistleblower  can earn 10% to 30% of any penalty the federal government imposes against a company. And companies have to be very careful, because there are anti-retaliation […]

  • Sentences Handed Down in International Multimillion-Dollar Fraud Scheme

    Thomas Huddleston Jr. – Corporate Counsel at Law.com A lesson for would-be criminal masterminds: When looking for victims to scam, try someone other than the U.S. government. A group of Kenyan nationals learned that the hard way Aug. 19 when […]

  • Who is Short Selling Medifast stock?

    UPDATE: On February 17, 2010, Medifast Inc. filed suit in US District Court, Southern District of California, alleging defamation, violation of California Corporations Code, and unfair business practices. On March 29, 2011, Judge Janis Sammartino dismissed all of Medifast’s claims […]

  • Acquisition by Usana Health Sciences Gets Them Into China (Legally, This Time)

    A few years ago, I was involved in an investigation of multi-level marketing company (MLM) Usana Health Sciences (NASDAQ:USNA).  One of the allegations that came out during that investigation was that Usana was illegally conducting business in China. China has […]

  • Another Reason Why More Anti-SLAPP Legislation Is Needed

    UPDATE: On February 17, 2010, Medifast Inc. filed suit in US District Court, Southern District of California, alleging defamation, violation of California Corporations Code, and unfair business practices. On March 29, 2011, Judge Janis Sammartino dismissed all of Medifast’s claims […]

  • MonaVie Lawyers Are Again Threatening Critics

    These stories never get old. People criticize multi-level marketing in general, and particular MLMs specifically, and the lawyers come running. They cry that the bloggers are saying bad things about their companies, and that can’t be allowed to happen. Mona […]