Joseph F Savage Jr

November 25, 2019 | Law.com

In an environment of aggressive federal prosecution and regulation both businesses and public officials are challenged to identify the permissible line between proper financial transactions — things like campaign contributions and business entertainment — and unlawful payments. And, in what the First Circuit called a "novel theory of Hobbs Act extortion," public officials now have to struggle with the scope of permissible advocacy — when does advocacy for constituents become extortion?

By Joseph F. Savage Jr. and Christopher J.C. Herbert

8 minute read

April 06, 2017 | Daily Business Review

While it remains unclear both when the regulators will invoke their authority to enforce the nearly limitless strict liability provision of the rules and how they will determine the appropriate remedy, the recent settlements and the SEC's handling of exemptive relief petitions may provide some clues.

By Joseph F. Savage Jr. and Stephanie M. Aronzon

19 minute read

May 11, 2015 | Corporate Counsel

The U.S. Supreme Court's 'United States v. Newman and Chiasson' decision is obviously useful for those defending insider trading cases, but it is also helpful in any challenge to a prosecutor's "doctrinal novelty."

By Joseph F. Savage, Jr. and Nomi Berenson

8 minute read

May 10, 2015 | Corporate Counsel

The U.S. Supreme Court's 'United States v. Newman and Chiasson' decision is obviously useful for those defending insider trading cases, but it is also helpful in any challenge to a prosecutor's "doctrinal novelty."

By Joseph F. Savage, Jr. and Nomi Berenson

8 minute read

November 12, 1999 | Law.com

Although 3 years have passed since its enactment, the small number of prosecutions under the EEA offer little guidance as to the extent of its future application. While, to date, prosecutors have limited charges to straightforward domestic trade secret thefts, the terms of the EEA do not mandate such a narrow application and may deter employee mobility and legitimate information sharing by creating fear of possible unfair prosecutions. This article examines the prosecutions to date.

By Joseph F. Savage, Jr. and Carol E. Didget

14 minute read

November 16, 2000 | Law.com

What happens when you accidently produce privileged documents to opposing counsel, or a high-level company employee testifies about attorney-client conversations? You've just embarked on a journey through the twisting and conflicting evidentiary and ethical paths surrounding waiver of attorney-client privilege. Here's a look at your options, and how to limit the damage.

By Joseph F. Savage, Jr. and Melissa M. Longo

13 minute read

June 15, 2006 | Law.com

Companies battling competitors may ask how to get a competitor criminally investigated. First, make sure that a factual basis and proper motive exist, because it's not just a bad idea -- it's a crime -- to report someone falsely to authorities. If there is a proper basis for investigation, a company must then consider the best approach to "pitching" the investigation to the proper agency, keeping in mind regulators' prosecution policies, as well as their unstated agendas and interests.

By Joseph F. Savage Jr.

8 minute read