Vera M Kachnowski

October 16, 2020 | New York Law Journal

In their column on International Criminal Law and Enforcement, Vera M. Kachnowski and Alexandra M.C. Douglas examine the case of a Turkish bank claiming immunity from prosecution under the Foreign Sovereign Immunities Act.

By Vera M. Kachnowski and Alexandra M.C. Douglas

8 minute read

July 30, 2020 | New York Law Journal

In their column on International Criminal Law and Enforcement, Vera M. Kachnowski and Jolène LaVigne-Albert discuss a recent Second Circuit opinion showing how the honest services fraud statute may be used in situations with seemingly tenuous connection to the U.S.

By Vera M. Kachnowski and Jolène LaVigne-Albert

8 minute read

January 24, 2020 | New York Law Journal

In this International Criminal Law and Enforcement column, Vera M. Kachnowski and Jolène LaVigne-Albert discuss a decision that provides insight into the standards for obtaining discovery in Canadian extradition proceedings—a more formal test with potentially wider scope than the discovery typically available in extradition hearings in the United States.

By Vera M. Kachnowski and Jolène LaVigne-Albert

8 minute read

October 25, 2019 | New York Law Journal

A case that began as an SEC enforcement action against an Internet advertising company has now reached the Supreme Court's calendar for a potential re-examination of its landmark decision in 'Morrison v. National Australia Bank'. In her International Criminal Law and Enforcement column, Vera M. Kachnowski unpacks the case and issues before the Court.

By Vera M. Kachnowski

7 minute read

July 19, 2019 | New York Law Journal

In their International Criminal Law and Enforcement column, Vera M. Kachnowski and Peter J. Sluka discuss the dilemma faced by defendants living abroad at the time of their indictment, who must choose either to appear in the United States to mount a defense or remain abroad with the pending charges affecting their reputation, business, and ability to travel internationally. This dilemma is particularly acute for defendants who, based upon a lack of nexus to the United States, might have a compelling challenge to their charges. Recently, some defendants have tried to raise those extraterritoriality challenges from abroad, but they have faced a roadblock: Although they never fled from the United States, their “fugitive” status prevents them from accessing the courts.

By Vera M. Kachnowski and Peter J. Sluka

8 minute read

April 12, 2019 | New York Law Journal

Vera M. Kachnowski and Peter J. Sluka discuss charges faced by Chinese technology giant Huawei. Grounded in part in the Iranian Transactions and Sanctions Regulations, the 13-count EDNY indictment alleges bank fraud, wire fraud, a conspiracy to defraud the United States, and violations of the International Emergency Economic Powers Act. Although the EDNY action is still in its infancy, Huawei and other companies will see a preview of how the Second Circuit tackles the issues, as the Circuit has been called to consider potential limitations on several of these charges in another pending case, 'United States v. Atilla'.

By Vera M. Kachnowski and Peter J. Sluka

7 minute read

January 22, 2019 | New York Law Journal

In their International Criminal Law and Enforcement Vera M. Kachnowski and Peter J. Sluka write: As courts and litigants continue to grapple with the extraterritorial reach of U.S. criminal statutes, two recent Second Circuit appeals highlight potential limitations the U.S. Department of Justice faces when prosecuting non-resident foreign actors involved in alleged bribery.

By Vera M. Kachnowski and Peter J. Sluka

8 minute read

October 25, 2018 | New York Law Journal

International Criminal Law and Enforcement columnists Vera M. Kachnowski and Peter J. Sluka write: Recent enforcement actions from U.S. and U.K. regulators highlight the risks companies face if their cybersecurity measures are deemed inadequate.

By Vera M. Kachnowski and Peter J. Sluka

8 minute read

August 06, 2018 | New York Law Journal

As with other types of cross-border investigations, antitrust issues attract the interest of regulators around the globe, and U.S. authorities are active in matters involving foreign players.

By Philip C. Patterson and Vera M. Kachnowski

8 minute read

January 19, 2018 | New York Law Journal

International Criminal Law and Enforcement columnists Philip Patterson and Vera Kachnowski write: The end of 2017 marked both the 40th anniversary of the FCPA and a $965 million FCPA settlement with Swedish telecommunications company, Telia Company AB. As we begin the new year, FCPA watchers will be closely monitoring how remedies such as this evolve under both SEC and DOJ authority, in light of other 2017 developments.

By Philip C. Patterson and Vera M. Kachnowski

8 minute read