Statistician wins big with SAS 9.3 in False Claims Act case

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Statistics and SAS 9.3 were big winners yesterday, in U.S. District Court for the Eastern District of Tennessee. In United States ex. rel. Martin v. Life Care Centers of America (1:08-cv-251), the court denied, after its own detailed analysis of proffered expert testimony, a defense motion to exclude the government’s testifying expert statistician, Dr. Constantin T. Yiannoutsos. In […]

Which changes in accounting principle are material?

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What misstatements or omissions are “material” and which are not?  With the recent roll-out of the SEC’s new whistleblower regulations, it is a popular question among companies and prospective whistleblowers.  This brief summary offers insights into this important topic as it applies to changes in accounting principle. First, despite recent IFRS rumblings, SEC regulations require […]

Confidentiality agreements blocked by SEC Rule 21F-17

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For whistleblowers and their past or present employers, one of the more important features of the SEC’s new whistleblower program regulations is Rule 21F-17,  copied in part below.  Over the years, targets of whistleblower claims have employed increasingly aggressive and sophisticated tactics — including “gag orders,” TROs, and breach of confidentiality agreement or even trade-secret-theft […]