John J Carney

November 13, 2006 | Law.com

On Dec. 1, Rule 408 of the Federal Rules of Evidence will be amended to allow "conduct or statements" made during settlement negotiations with government regulators to be used against a defendant in a later criminal prosecution. The new rule could significantly change the way defense counsel interact with regulators when negotiating settlements. Attorneys John J. Carney and Jimmy Fokas discuss how the coming changes will resolve a major circuit split, but may also raise some new questions.

By John J. Carney and Jimmy Fokas

9 minute read

May 26, 2009 | New Jersey Law Journal

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.

By John J. Carney and Dennis O. Cohen

7 minute read

July 25, 2007 | New Jersey Law Journal

The increase in number of high profile insider trading cases involving attorneys and senior corporate executives who should have known better, underscore the need for companies to strengthen and modernize their compliance programs to avoid the negative publicity, reputational harm and significant costs of an insider trading scandal.

By John J. Carney and Jimmy Fokas

12 minute read

November 13, 2006 | Law.com

On Dec. 1, Rule 408 of the Federal Rules of Evidence will be amended to allow "conduct or statements" made during settlement negotiations with government regulators to be used against a defendant in a later criminal prosecution. The new rule could significantly change the way defense counsel interact with regulators when negotiating settlements. Attorneys John J. Carney and Jimmy Fokas discuss how the coming changes will resolve a major circuit split, but may also raise some new questions.

By John J. Carney and Jimmy Fokas

9 minute read

October 12, 2010 | New York Law Journal

Baker Hostetler's John J. Carney and Francesca M. Harker write that government agencies have been steadily ramping up enforcement efforts over the past year, issuing increased calls for voluntary disclosure. However, before weighing the pros and cons of cooperation and voluntary disclosure, public corporations and their boards of directors first need to have a clear understanding of when disclosing is not simply a matter of choice but an affirmative obligation.

By John J. Carney and Francesca M. Harker

13 minute read

August 01, 2007 | Corporate Counsel

The increase in high-profile insider trading cases involving attorneys and senior corporate executives who should have known better underscores the need for companies to strengthen and modernize their compliance programs to avoid the negative publicity, reputational harm and significant costs of an insider trading scandal. Attorneys John J. Carney and Jimmy Fokas assert that there are steps companies can take to increase the effectiveness of their compliance and ethics policies.

By John J. Carney and Jimmy Fokas

12 minute read

September 17, 2009 | Corporate Counsel

In the face of dramatic efforts to create an accelerated, more aggressive SEC enforcement program, the unprepared company is at a critical disadvantage. Attorneys John J. Carney and Jonathan R. Barr examine the initiatives and provide insight into the new rules of engagement.

By John J. Carney and Jonathan R. Barr

15 minute read