Richard F. Albert

April 12, 2023 | New York Law Journal

These new programs represent a major broadening in the scope of clawback policies, but at least for publicly held companies, clawback mandates are not new. Since 2002, Section 304 of the Sarbanes-Oxley Act (SOX Section 304) has directed the SEC to enforce the clawback of any bonus, incentive-based pay, or stock sale profits received by a public company's CEO or CFO that has restated its financials.

By Robert J. Anello and Richard F. Albert

12 minute read

February 08, 2023 | New York Law Journal

The procedural posture of 'Blaszczak' adds new cracks to the already unstable foundation of insider trading precedent.

By Robert J. Anello and Richard F. Albert

11 minute read

December 07, 2022 | New York Law Journal

In its recent stepped-up enforcement efforts against foreign influence in American politics, the DOJ has faced some high-profile setbacks when it has sought to use the broad reach of 18 U.S.C. §951 to pursue conduct outside the context of traditional espionage.

By Robert J. Anello and Richard F. Albert

12 minute read

October 12, 2022 | New York Law Journal

Two recent cases involving NFTs and cryptocurrency markets demonstrate the substantial flexibility federal prosecutors have—or at least believe they have—in charging insider trading and underscore the oft-recognized need for a federal statute expressly addressing insider trading.

By Robert J. Anello and Richard F. Albert

13 minute read

August 10, 2022 | New York Law Journal

In 'Ciminelli' and 'Percoco', the Supreme Court will have the opportunity to further limit prosecutors' use of unduly broad interpretations of the federal fraud laws to impose their own notions of an integrity code onto state government and many other arenas beyond their proper reach.

By Robert J. Anello and Richard F. Albert

13 minute read

June 08, 2022 | New York Law Journal

Congress and the Biden administration need carefully to consider whether making political affiliation a crime in this instance would set a dangerous precedent for the future. Legal advocates need to be alert to legislation or enforcement that threatens to undermine due process protections.

By Robert J. Anello and Richard F. Albert

14 minute read

April 13, 2022 | New York Law Journal

If a doctor prescribing controlled substances believes, mistakenly, that he or she is acting within the usual course of professional practice, that sounds like medical malpractice, but is it also a felony?

By Robert J. Anello and Richard F. Albert

12 minute read

February 09, 2022 | New York Law Journal

This article provides a summary of how Manhattan's newly-elected prosecutor described his vision for addressing white-collar crime.

By Robert J. Anello and Richard F. Albert

13 minute read

December 08, 2021 | New York Law Journal

The key policy changes announced thus far appear to be more symbolism than serious efforts at effective reform. Substantively, many will see these changes as a reversion to prior policies that did not work particularly well in practice and rightly were the subject of criticism.

By Robert J. Anello and Richard F. Albert

12 minute read

October 13, 2021 | New York Law Journal

Three recent district court decisions exemplify how courts have struggled with the Fourth Amendment questions raised by the intrusive nature of cellphone searches.

By Robert J. Anello and Richard F. Albert

9 minute read