Kenneth M Breen

May 17, 2021 | New York Law Journal

While some users claim mixers are a legitimate service that allow them to secure their financial privacy, mixers are also reportedly used by criminal enterprises to launder criminal proceeds, attracting regulatory scrutiny.

By Kenneth M. Breen, Phara A. Guberman and Kenneth P. Herzinger

8 minute read

March 19, 2021 | New York Law Journal

The John McAfee case and the expected upcoming congressional task force on cryptocurrencies are likely to provide the market with more clarity on how coins and projects will be treated in investigations, including whether they can be treated as securities or commodities and the relative roles of the SEC and CFTC.

By Kenneth M. Breen and Phara A. Guberman

7 minute read

March 27, 2015 | New York Law Journal

Kenneth M. Breen, John P. Nowak and Phara A. Guberman write: On Tuesday, the Supreme Court released its long-awaited opinion in 'Omnicare v. Laborers District Council,' which rejected the application of a solely objective standard in assessing whether a statement of opinion may be considered a false statement in the context of a claim pursuant to Section 11 of the Securities Act of 1933.

By Kenneth M. Breen, John P. Nowak and Phara A. Guberman

9 minute read

March 26, 2015 | New York Law Journal

Kenneth M. Breen, John P. Nowak and Phara A. Guberman write: On Tuesday, the Supreme Court released its long-awaited opinion in 'Omnicare v. Laborers District Council,' which rejected the application of a solely objective standard in assessing whether a statement of opinion may be considered a false statement in the context of a claim pursuant to Section 11 of the Securities Act of 1933.

By Kenneth M. Breen, John P. Nowak and Phara A. Guberman

9 minute read

July 11, 2006 | New York Law Journal

Kenneth M. Breen, a partner at Fulbright & Jaworski, and Thomas R. Fallati, a senior counsel at the firm, write that while the long-term effects of Judge Kaplan's decision are impossible to predict at this stage, in its immediate wake, the ruling offers a road map for criminal and corporate counsel to avoid government interference with the advancement of legal fees.

By Kenneth M. Breen and Thomas R. Fallati

11 minute read

July 20, 2007 | New York Law Journal

Kenneth M. Breen, a partner at Paul, Hastings, Janofsky & Walker, and Thomas R. Fallati, of counsel to the firm, write that last month, the Supreme Court held that a presumption of reasonableness for a sentence that falls within the applicable guidelines range was an appropriate application of reasonableness review. At first blush, the holding appears to be a significant win for the government, but there are important limitations to it.

By Kenneth M. Breen and Thomas R. Fallati

13 minute read

July 14, 2006 | Law.com

It's impossible to predict the long-term effects of the recent New York federal court decision finding the DOJ's "Thompson Memorandum" unconstitutional to the extent it requires prosecutors considering criminal charges against a company to take into account the corporate advancement of any legal fees to employees under investigation. But in the interim, attorneys Kenneth M. Breen and Thomas R. Fallati note that the ruling can help counsel avoid government interference in legal fees advancement.

By Kenneth M. Breen and Thomas R. Fallati

11 minute read

July 14, 2006 | Law.com

It's impossible to predict the long-term effects of the recent New York federal court decision finding the DOJ's "Thompson Memorandum" unconstitutional to the extent it requires prosecutors considering criminal charges against a company to take into account the corporate advancement of any legal fees to employees under investigation. But in the interim, attorneys Kenneth M. Breen and Thomas R. Fallati note that the ruling can help counsel avoid government interference in legal fees advancement.

By Kenneth M. Breen and Thomas R. Fallati

11 minute read