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Berger & Montague Attorney Publications | Scholarly Legal Articles

Berger & Montague attorneys regularly publish written works on a variety of topics in legal and academic magazines, journals and publications.

Berger & Montague places an emphasis on contributing to the legal discourse both in the context of the firm's case-related activities and through the publication of scholarly and practical articles. In addition, and when appropriate, our attorneys may comment in the m edia on current events, especially when those events are widely reported and intersect with the law or current legal issues.

How a CFO Landed in Prison

By: Jon Lambiras
Source: Fraud Magazine (Jan./Feb. 2013)
January 1, 2013
This article presents a case study of a CFO's accounting fraud that led him to prison. The scheme was a securities fraud aimed at investors. It involved ghost revenues, fictitious invoices and shipping documents, cost-of-good sold entries that were delayed or avoided altogether, and pulling otherwise legitimate revenue into earlier accounting periods. The article delves into interesting aspects of how and why the CFO did what he did.

Release of claims and the False Claims Act: An Employee’s Ability to Pursue Qui-Tam Claims Against Its Former Employer After Signing a Release

By: Shauna Itri
Source: The Employee Advocate, A Publication of the National Employment Lawyers Association
October 1, 2011
The False Claims Act (“FCA”) clearly provides that once a qui tam action is filed, a relator may dismiss an action only if the court and the Attorney General give written consent. The statute does not, however, address whether the relator’s release of qui tam claims, executed before the filing of a complaint, is enforceable.

For cigarette makers, limits to free speech

By: Arthur Caplan & Zachary D. Caplan
September 7, 2011
Butt out is the message from four of the five largest cigarette manufacturers who have filed suit in a Washington, D.C., federal court challenging new FDA regulations that require them to print nine graphic images on their cigarette packaging. Under the FDA rule, the images must be printed in color and displayed on the top 50 percent of the both the front and back panels of every pack. Grim news has to cover the top 20 percent of all printed cigarette advertising. In addition, the FDA says, every pack of cigarettes must contain the words "QUIT-NOW." And there is an 800 quit smoking hotline number that has to be there too.

Piercing the Veil: Using Microfinance Initiatives to Promote Female Entrepreneurship in Muslim Countries

By: Patrick F. Madden
Source: 1 Ashburn Inst. Transnat'l L.J. 68 (2009)
June 1, 2009
This paper argues that microfinance initiatives are an attractive aid mechanism to promote gender equality in Muslim countries because such initiatives both alleviate poverty and provide women with economic empowerment without violating Muslim customary...

Make Way for Lawsuits

By: Arthur Stock
July 7, 2008
Submitted for the 11th Annual NERA Finance, Law & Economics Securities Litigation Seminar, Aspen Colo. (July 7, 2008).


By: Jon Lambiras
Source: Computer Fraud Casebook: The Bytes That Byte (Wiley Publishing 2008)
June 30, 2008
This is a case study regarding the theft of millions of consumers' personal information in a highly complex and dramatic criminal data breach.

Identifying and Preventing Securities Fraud

By: Michael Dell'Angelo
Source: National Business Institute, Philadelphia, PA
March 19, 2008

CDC's Call For Routine HIV Testing Raises Implementation Concerns

By: Sarah Schalman-Bergen
Source: 35 Journal of Law, Medicine and Ethics 223 (2007)
January 1, 2007

A Critical Update on the Class Action Fairness Act in Pennsylvania

By: Michael Dell'Angelo
Source: National Business Institute, Philadelphia, PA
June 22, 2005

Litigating the Class Action in Pennsylvania

By: Michael Dell'Angelo
Source: National Business Institute, Philadelphia, PA
October 9, 2003

Inside Job: A Guide to Insider Trading

By: Jon Lambiras
Source: 17 The White Paper 23 (July/Aug. 2003)
July 1, 2003
Insider trading is relatively easy to commit but extremely difficult to prove. This article is a primer for fraud examiners, which explains the problem, how to determine if a trade is illegal, and what can be done to detect and prevent this popular crime.

White Collar Crime: Why the Sentencing Disparity Despite Uniform Guidelines

By: Jon Lambiras
Source: 30 Pepp. L. Rev. 459 (2003)
January 1, 2003
This article discusses major sources of sentencing disparity affecting defendants of white-collar crimes in federal court despite the existence of uniform sentencing guidelines. The focus of the article is to answer one primary question: Why might a defendant convicted of white-collar crime in one court receive a materially different sentence than he or she would have received if convicted in another court? As will be shown, the answer has many components. Named Student Article of the Year by the Pepperdine Law Review - i.e., best student article among all student articles published in Pepperdine Law Review that year.

Securities Class Actions Since The 1995 Reform Act: A Plaintiff's Perspective

By: Sherrie Savett
Source: SG091 ALI-ABA
May 2, 2002

Greetings from the Plaintiffs' Class Action Bar: We'll Be Watching

By: Sherrie Savett
Source: SE082 ALI-ABA 739
May 11, 2000

Shareholders Class Actions in the Post-Reform Act Era

By: Sherrie Savett
Source: SD79 ALI-ABA 893
April 30, 1999

The Derivative Action: An Important Shareholder Vehicle for Insuring Corporate Accountability in 7477 Jeopardy

By: Sherrie Savett
Source: Practising Law Institute, PLI H4-0528
September 1, 1987

ARTfully Discriminating

By: Patrick F. Madden
Source: 28 Temp. J. Sci. Tech. & Envtl. L. 307 (2009)
This casenote examines the Seventh Circuit decision in Hall v. Nalco, Co. which found that a woman cannot be terminated for absences related to infertility treatments.

Plaintiffs' Vision of Securities Litigation: 2005-2007

By: Sherrie Savett
Source: Practising Law Institute (Oct. 2008)

Plaintiffs' Vision of Securities Litigation: Current Trends and Strategies

By: Sherrie Savett
Source: 1762 PLI (Oct. 2006)

The Indispensable Tool of Shareholder Suits: Private Securities Litigation as a Remedy for Failed Governance

By: Glen Abramson & Sherrie Savett
Source: 28 Directors & Boards (Winter 2004)

Preventing Financial Fraud

By: Sherrie Savett
Source: B0-00E2 PLI B0-00E3 (Apr.-May 1999)

What to Plead and How to Plead the Defendants' State of Mind in a Federal Securities Class Action: The Plaintiffs' Perspective

By: Arthur Stock & Sherrie Savett
Source: 30th Annual Institute on Securities Regulation, Vol. 2 at 807 (1998)
This article was submitted as part of the 30th Annual Institute on Securities Regulation

The Merits Matter Most: Observations on a Changing Landscape under the Private Securities Litigation Reform Act of 1995

By: Sherrie Savett
Source: 39 U. Ariz. L. Rev. 525 (1997)
Excerpt: I. The Merits Matter Enormously to the Size of Recovery in Securities Class Actions Statistics varying all over the lot have been presented in the debate over the value of securities class actions and whether they genuinely compensate...