Benjamin Gruenstein

July 23, 2019 | New York Law Journal

The 'Martoma' test eliminates any meaningful burden on the government to show an actual benefit gleaned by the tipper.

By Benjamin Gruenstein and Miriam Rosenbaum

7 minute read

July 07, 2014 | New York Law Journal

Benjamin Gruenstein and Jeff Izant of Cravath, Swaine & Moore write: In 'United States v. Newman', the U.S. Court of Appeals for the Second Circuit will likely answer a question that has divided courts in insider trading cases: whether, under the so-called "classical" theory of insider trading, a tippee must have knowledge of the personal benefit the tipper derived from the scheme.

By Benjamin Gruenstein and Jeff Izant

16 minute read

February 24, 2014 | New York Law Journal

Benjamin Gruenstein and Alan Guy of Cravath, Swaine & Moore write: It remains to be seen whether the Second Circuit's affirmation of 'Bowman' in 'Vilar' will place a limit on the class of criminal laws to which 'Morrison' will apply. The potential impact of 'Vilar' on several criminal laws familiar to white-collar practitioners is analyzed herein.

By Benjamin Gruenstein and Alan Guy

20 minute read

October 09, 2012 | New York Law Journal

Cravath, Swaine & Moore partner Benjamin Gruenstein writes: At a time when prosecutors are sounding the alarm about the increasing risks of cyber crimes, the Second Circuit in 'United States v. Aleynikov' appeared to limit the reach of two of the statutory tools available to combat the theft of computer trade secrets. However, much remains to be learned about to what extent these statutes have in fact been narrowed, and a decision likely to be handed down in the coming months will likely provide much needed guidance.

By Benjamin Gruenstein

9 minute read

September 30, 2013 | New York Law Journal

Benjamin Gruenstein, a partner at Cravath, Swaine & Moore, writes: Although the ultimate significance of the 'Agrawal' decision remains to be seen, the case - as well as other developments that have taken place in the year since 'Aleynikov' was decided - should allay some of the concerns expressed after 'Aleynikov' about the strength of trade secret rights in the Second Circuit.

By Benjamin Gruenstein

11 minute read

July 08, 2013 | New York Law Journal

Benjamin Gruenstein, a partner at Cravath, Swaine & Moore, discusses how courts have begun to examine several questions in the context of FCPA prosecutions and enforcement actions against individuals, including what constitutes a "foreign official" or an "instrumentality" of a foreign government, in what situations can the government reach beyond the FCPA's five-year statute of limitations, and what is the reach of personal jurisdiction over foreign defendants in FCPA cases.

By Benjamin Gruenstein

15 minute read