Anthony S Barkow

May 01, 2019 | New York Law Journal

On March 29, 2019, the U.S. Department of Justice announced that for the first time it had indicted two corporate executives for failing to furnish information under the Consumer Product Safety Act. This prosecution is a reminder to companies of the range of Consumer Product Safety Commission tools available to enforce its consumer product safety laws, including criminal penalties against directors, officers and agents.

By Anthony S. Barkow and Danielle Muniz

8 minute read

February 18, 2014 | New York Law Journal

Anthony S. Barkow, a partner at Jenner & Block, and Nathaniel H. Benforado, an associate with the firm, write: Regardless of who is ultimately right about the future of Bitcoin—those who think it fueled by foolish speculation or those who believe it to be a more efficient currency for the Internet age—"real" money is being poured into the Bitcoin ecosystem, new startups are entering the field almost every day, and even mainstream entities are getting involved. And with Bitcoin no longer on the fringe, regulators have taken note.

By Anthony S. Barkow and Nathaniel H. Benforado

11 minute read

November 05, 2013 | New York Law Journal

Anthony S. Barkow and Eddie Jauregui of Jenner & Block discuss recent cases that remind companies and individuals that, even when their conduct may seem "wholly foreign," they may nonetheless be subject to U.S. jurisdiction in FCPA cases where, for example, they play a part in the falsification of SEC filings, and that even the slightest contact with the United States can serve as the foundation for "territorial jurisdiction."

By Anthony S. Barkow and Eddie Jauregui

11 minute read

July 24, 2013 | New York Law Journal

Anthony S. Barkow and Alison I. Stein of Jenner & Block discuss a recent U.S. Supreme Court decision which held that a criminal defendant cannot be sentenced based upon the current Sentencing Guidelines if they call for a harsher punishment than the guidelines that were in place at the time of the underlying offense, and Justice Clarence Thomas' dissent in the case, which may offer significant additional help to criminal defendants.

By Anthony S. Barkow and Alison I. Stein

10 minute read

August 20, 2013 | New York Law Journal

Anthony S. Barkow, a partner at Jenner & Block, and Matthew D. Cipolla, an associate with the firm, write: While the role of courts in overseeing SEC settlements in which defendants neither admit nor deny wrongdoing will soon be decided by the Second Circuit, the broader question of judicial oversight of settlements of regulatory enforcement actions in the United States remains unanswered. Critically, the question of how - or even whether - judges should scrutinize DPAs is receiving increased attention.

By Anthony S. Barkow and Matthew D. Cipolla

12 minute read