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Author Archives: Alan J. Bozer

White Collar Corner: Obtaining evidence and testimony north of the border

A recovering upstate economy and our region’s close proximity to Canada have resulted in an upsurge in international commerce.  With new business comes not just economic opportunity, but the potential for fraud as well. Potential clients have enough on their ...

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White Collar Corner: The importance of litigation hold instructions

A litigation hold is the suspension of a “routine document and retention/destruction policy,” which includes the preservation of emails and other electronically stored information (ESI), Tracy v. NVR, Inc., No. 04-cv-6541L, 2012 WL 1067889 (WDNY Mar. 26, 2012). Most practitioners ...

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White Collar Corner: ESI: Spoliation and obstruction of justice

Overview Destroying information, or “spoliation,” can lead to severe penalties, including imprisonment and hefty fines. The duty to preserve information, including electronically stored information (ESI), exists in all litigation in New York. Breaching this duty can forfeit a New York ...

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White Collar Corner: What happened to the NY False Claims Act?

Shortly after his inauguration as New York state’s top law enforcement official, Attorney General Eric Schneiderman issued a press release addressing the commitment of his office to fight fraud, waste and abuse in the state. “Restoring New Yorkers’ faith in ...

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White Collar Corner: The AG and New York’s False Claims Act

“Restoring New Yorkers’ faith in their government and cracking down on those who try to defraud the taxpayers will be two of our top priorities in this office … we will leave no stone unturned in the fight against Medicaid fraud, waste and abuse in New York state.”

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