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Attorney Publications

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.

A Questionable New Standard for Class Certification in Antitrust Cases

By: Eric L. Cramer and Joshua P. Davis
Source: Antitrust Magazine; American Bar Association
December 1, 2011
IN RECENT YEARS, A NEW STANDARD appears to have emerged regarding class certification. Courts have largely dismissed the notion—originally derived from Eisen v. Carlisle & Jacquelin—that they cannot resolve issues relevant to the merits in deciding whether to certify a class. How far they may delve into the merits, however, has remained somewhat of a mystery.

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
Source: Philly.com
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.

Whistleblower Lawsuits Help Provide Stark and Anti-Kickback Statute Guidance

By: Shauna B. Itri
Source: HCCA Compliance Today
July 1, 2011
The False Claims Act (FCA) is designed to protect the federal treasury and to deter fraud committed against the government. The FCA places power within the hands of private citizens, allowing them to become “private attorney generals,” and, with the assistance of an attorney paid on a contingent fee basis, challenge government payments on behalf of the government. The citizens who bring a case on behalf of the government (“whistleblowers”) can be employees, former employees, and/or competitors...

WikiLeaks versus Whistleblowers

By: Daniel R. Miller
Source: The National Law Journal
February 21, 2011
Despite thousands of recent print, broadcast and Internet reports about WikiLeaks, the renegade Web site's alleged whistleblowing activities and certain documents it has "published," qui tam remains the first name in whistleblower; "journalist" remains...

Assessing Market Power in the Prescription Pharmaceutical Industry

By: Eric L. Cramer (contributor)
Source: Pharmaceutical Industry Handbook (ABA)
July 1, 2009
Eric L. Cramer was a contributor to "Assessing Market Power in the Prescription Pharmaceutical Industry," a chapter in the ABA's Pharmaceutical Industry Handbook (July 2009).

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...

The Desireability of Bifurcating Class and Merits Discovery: A Plaintiff's Perspective

By: Ruthanne Gordon
Source: American Bar Association Section of Antitrust Law Spring Meeting
March 1, 2009

Allocation Plan Upheld in PHLX Case

By: Larry Deutsch
Source: The Class Act
February 20, 2009

Representing Clients with HIV/AIDS

By: Sarah Schalman-Bergen
Source: 2 SEXUAL ORIENTATION AND THE LAW Ch 15 (2009)
January 1, 2009

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).

Hacked

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

Class Action Update: Today's Trends & Strategies for Success

By: Michael Dell'Angelo
Source: National Business Institute, Philadelphia, PA
November 28, 2006

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
March 10, 2005

Chimerical Class Conflicts in Federal Antitrust Litigation: The Fox Guarding the Chicken House in Valley Drug

By: David Sorensen and Joshua P. Davis
Source: 39 U.S.F. L. Rev. 141 (Fall 2004),
October 1, 2004

Fundamentals of Antitrust Law: Horizontal and Vertical Restraints

By: Michael Dell'Angelo
Source: National Business Institute, Philadelphia, PA
June 24, 2004

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
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