William F Johnson

November 01, 2017 | New York Law Journal

In his Corporate Crime column, William F. Johnson writes: As the season changes to fall, and baseball playoffs and football dominate sports headlines, the home field advantage has proven important once again. But in the regulatory litigation game, it appears that even a home field advantage cannot help the Securities and Exchange Commission consistently win its enforcement trials in administrative proceedings.

By William F. Johnson

22 minute read

July 05, 2017 | New York Law Journal

In his Corporate Crime column, William F. Johnson writes: Corporations and individuals cooperating in government investigations must be sharply focused on finding out the essential facts of the historical conduct at issue—what happened and why it happened. For its part, the government is also sharply focused on what happened and why. In the last few years, however, the interest of the DOJ, in particular, has expanded beyond just the what and why and it is now significantly involved in how companies actually conduct internal investigations.

By William F. Johnson

16 minute read

March 01, 2017 | New York Law Journal

In his Corporate Crime column, William F. Johnson discusses the recent high-profile FIFA soccer corruption case in the Eastern District of New York, which serves as a reminder of the protections and the dangers of communications pursuant to a "common interest."

By William F. Johnson

12 minute read

November 02, 2016 | New York Law Journal

In his Corporate Crime column, William F. Johnson writes: To maintain maximum protection of legal privilege and confidentiality, corporations and their counsel would be well-advised to take a hard look at their disclosures to regulators and monitors, as recent court decisions have indicated that even compelled, narrowly-tailored disclosure could erode the expectations of privilege and confidentiality historically associated with such disclosures.

By William F. Johnson

12 minute read

July 07, 2016 | New York Law Journal

In his Corporate Crime column, William F. Johnson of King & Spalding reviews the pattern of recent FIRREA cases, examines the 'O'Donnell' decision and its potential effect on the trend of FIRREA enforcement, and offers insights for defense counsel.

By William F. Johnson

42 minute read

March 03, 2016 | New York Law Journal

In his Corporate Crime column, William F. Johnson discusses the impact of the Yates Memo and focuses on two policy changes that are creating some serious issues for individuals as well as companies.

By William F. Johnson

13 minute read

November 05, 2015 | New York Law Journal

In his Corporate Crime column, William F. Johnson discusses how the SEC has proposed amendments to its Rules of Practice in an apparent effort to provide a more fair process for respondents in administrative proceedings. He writes that these proposals, although a step in the right direction, still do not go far enough to leveling the playing field for respondents.

By William F. Johnson

16 minute read

November 04, 2015 | New York Law Journal

In his Corporate Crime column, William F. Johnson discusses how the SEC has proposed amendments to its Rules of Practice in an apparent effort to provide a more fair process for respondents in administrative proceedings. He writes that these proposals, although a step in the right direction, still do not go far enough to leveling the playing field for respondents.

By William F. Johnson

16 minute read

July 02, 2015 | New York Law Journal

In his Corporate Crime column, William F. Johnson analyzes whether 'Chevron' deference should still apply to the SEC's administrative litigation process without limitation and states that it remains to be seen whether the SEC's change in policy is consistent, or at odds, with the original rationale for 'Chevron' deference.

By William F. Johnson

16 minute read

July 01, 2015 | New York Law Journal

In his Corporate Crime column, William F. Johnson analyzes whether 'Chevron' deference should still apply to the SEC's administrative litigation process without limitation and states that it remains to be seen whether the SEC's change in policy is consistent, or at odds, with the original rationale for 'Chevron' deference.

By William F. Johnson

16 minute read