William F Johnson

May 03, 2012 | New York Law Journal

In his Corporate Crime column, Fried, Frank, Harris, Shriver & Jacobson partner William F. Johnson writes: Although 'Brady' obligations have historically been limited to criminal cases, a recent ruling in 'United States v. Gupta' suggests that 'Brady' considerations must be adhered to in analyzing defense discovery requests in civil cases with a parallel criminal component, where civil and criminal government agencies have conducted a "joint investigation." For this and other reasons, the 'Gupta' decision raises legal and practical issues in an era of continued high coordination between the DOJ and the SEC.

By William F. Johnson

12 minute read

January 03, 2013 | New York Law Journal

Fried, Frank, Harris, Shriver & Jacobson's William F. Johnson writes that although the Financial Institutions Reform, Recovery and Enforcement Act of 1989, passed at the height of the savings and loan crisis, had been largely idle in the prosecutor's playbook for two decades, new subpoenas reflect a growing trend of increased reliance on the older statute. An examination of these cases raises questions about the government's emerging new theories, which appear to have turned FIRREA on 
its head.

By William F. Johnson

16 minute read

March 04, 2010 | New York Law Journal

William F. Johnson, a partner at Fried, Frank, Harris, Shriver & Jacobson, writes: Although SEC Enforcement Director Khuzami's statements in announcing the new initiatives to incentivize "insider" witnesses to cooperate in its civil enforcement matters strike the right tone, history and the agency's culture cast doubt on whether the SEC is prepared to do what is necessary to incentivize the level of cooperation sought. In addition, certain provisions of the manual raise questions about how it will be implemented in practice.

By William F. Johnson

18 minute read

February 14, 2011 | New York Law Journal

William F. Johnson, Steven M. Witzel and Lisa H. Bebchick, partners at Fried, Frank, Harris, Shriver & Jacobson, write that the execution of a search warrant at a business presents many unique challenges, such as protecting privileged materials without impeding the execution of the warrant and ensuring continued access to records required for ongoing business operations. Implementing relatively low-cost procedures now can prepare your company in the event that law enforcement agents appear in the future.

By William F. Johnson, Steven M. Witzel and Lisa H. Bebchick

13 minute read