John J Carney

March 27, 2020 | New York Law Journal

In the wake of increased guidance from regulators, companies should expect much less sympathy when they fail to implement programs and policies according to that guidance.

By John J. Carney, William B. Waldie and Kayley Sullivan

8 minute read

March 27, 2018 | Corporate Counsel

The U.S. Supreme Court's Digital Realty decision presents good and bad news to public companies and other entities regulated by the U.S. Securities and Exchange Commission.

By John J. Carney and Jonathan A. Forman

6 minute read

November 12, 2012 | Corporate Counsel

In May 2012, the Federal Sentencing Commission passed an extensive amendment to the Sentencing Guidelines, which has the potential to increase the sentences persons guilty of insider trading receive by creating a higher punishment for sophisticated acts of insider trading.

By John J. Carney and Robert J. Ciampaglio Jr.

7 minute read

June 13, 2011 | National Law Journal

There are several steps they can take to promote the use of internal compliance programs.

By John J. Carney and Francesca M. Harker

7 minute read

February 07, 2011 | National Law Journal

Reports of such violations might support SEC actions for inaccurate books and records, or worse.

By John J. Carney and Francesca M. Harker

8 minute read

September 16, 2009 | New York Law Journal

John J. Carney and Jonathan R. Barr, partners at Baker Hostetler, write: On a quiet August evening when most of Wall Street and corporate America was departing for vacation, the SEC's new Director of Enforcement, Robert Khuzami, gave a speech before the New York City Bar where he announced what is perhaps the most radical reorganization of the enforcement program since the creation of the Enforcement Division in the mid-70s. Based upon a top to bottom review of the program during his first 100 days, Mr. Khuzami described a series of initiatives to bring cases faster, with greater impact and, most importantly, to secure litigation victories at trial. In the face of these dramatic efforts, the unprepared company, individual or practitioner will be placed at a critical disadvantage.

By John J. Carney and Jonathan R. Barr

15 minute read

February 18, 2011 | Corporate Counsel

Oh, that longing for the good ol' days: 40 years ago, the goals for a company's senior management and its board of directors were relatively simple — boy, that's not the case anymore, is it, GCs? • ALSO SEE: MAKING It Complicated | Expert Archive • What's There for a GC to Hold On To? • What Are Law Firms Thinking??? Oh, That's What ...

By John J. Carney and Francesca M. Harker

10 minute read

January 03, 2007 | New York Law Journal

John J. Carney, a partner at Baker Hostetler, and Dennis O. Cohen, an associate at the firm, write that regardless of whether the new procedures are ironclad prohibitions or merely a collection of speed bumps for prosecutors, they will clearly have an effect on the way prosecutors think about corporate cooperation. The greater debate, however, is on whether they go far enough to address the concerns of Senator Specter such that congressional action would be unnecessary.

By John J. Carney and Dennis O. Cohen

11 minute read

July 13, 2009 | New York Law Journal

John J. Carney and Robert M. Wolin, partners at Baker Hostetler, write: Considering significant actions against corporations accused of violating federal health care statutes over the past several years, the newly enacted Fraud Enforcement and Recovery Act and the growing "saber rattling" by the Department of Justice and the Department of Health and Human Services, the question arises: Can proactive internal investigative and compliance measures make a difference?

By John J. Carney and Robert M. Wolin

13 minute read

June 08, 2009 | Corporate Counsel

The SEC's plans for aggressive and accelerated investigations, which include fast-tracked formalization of investigations, delegated penalty negotiation authority and improved whistleblower complaint processing, will place the unprepared company or individual at a critical disadvantage, say attorneys John J. Carney and Dennis O. Cohen. They offer suggestions for staying ahead of the curve in dealing with the SEC in a potential or actual investigation.

By John J. Carney and Dennis O. Cohen

7 minute read