Stephen A. Miller

April 03, 2014 | The Legal Intelligencer

"Guilty knowledge" is often the hardest element for the government to prove in a criminal prosecution. For that reason, criminal practitioners pay special attention to changes in the law that impact the evidence admissible on this score.

By Stephen A. Miller and Jordan S. Fox

6 minute read

March 06, 2014 | The Legal Intelligencer

Private enforcement of government regulations can serve a useful function. Unleashing an army of "private attorneys general," especially in an environment of scarce public resources, can promote deterrence and better secure compliance with the law.

By Stephen A. Miller and David M. Albert

7 minute read

February 27, 2014 | The Legal Intelligencer

We live in an on-demand era. That is especially true in the entertainment industry, where on-demand access has transformed music, movies and other art forms.

By Stephen A. Miller and Thomas A. Leonard

6 minute read

February 06, 2014 | The Legal Intelligencer

In two sets of cases this term, the U.S. Supreme Court is set to decide questions that could significantly alter securities litigation on behalf of large groups of investors under both federal and state law.

By Stephen A. Miller and Joshua N. Ruby

7 minute read

January 22, 2014 | Inside Counsel

Non-cooperating entities certainly run a risk that OFAC will refer their violations to criminal authorities. But even a non-cooperator can receive benefits under OFACs administrative-penalty regime.

By Stephen A. Miller, Matthew A. Glazer, Jeffrey M. Monhait

4 minute read

January 02, 2014 | The Legal Intelligencer

In two cases this term, the U.S. Supreme Court will decide the extent to which federal courts should defer to the decisions of other tribunals. Its decisions will have a substantial effect on the role of the federal courts in relation to state proceedings and in reviewing the decisions of international arbitration panels.

By Stephen A. Miller and Arthur P. Fritzinger

8 minute read

December 23, 2013 | Inside Counsel

This section examines a few recent enforcement actions in which companies have taken advantage of regulatory formulas to minimize penalties resulting from violations.

By Stephen A. Miller, Matthew A. Glazer, Jeffrey M. Monhait

4 minute read

December 12, 2013 | The Legal Intelligencer

U.S. Supreme Court Justice Antonin Scalia is rarely subtle when angry. And he has often been angry when evaluating the tests employed by his colleagues to resolve First Amendment religion cases.

By Stephen A. Miller and Kathryn A. Young

7 minute read

November 20, 2013 | Inside Counsel

Recent settlements in civil enforcement proceedings brought by the Office of Foreign Assets Control (OFAC) suggest that cover-ups, not crimes, may invite the stiffest penalties.

By Stephen A. Miller, Matthew A. Glazer, Jeffrey M. Monhait

8 minute read

November 14, 2013 | The Legal Intelligencer

The jurisdiction cases reviewed by the U.S. Supreme Court are rarely headline-grabbing. Nonetheless, those cases exert a significant effect on the civil litigation that fills the nation's dockets.

By Stephen A. Miller and Arthur P. Fritzinger

8 minute read