Reexamining 'Scheme Liability' After 'Lorenzo'

'Malouf' was the first foray by a federal court of appeals into "scheme liability" post-'Lorenzo', but the case involved a highly unusual fact pattern. Although the Tenth Circuit appeared to take a broad view of 'Lorenzo', lower courts and litigants should be careful not to overread the decision.

The Fifth Amendment Is for Innocent People, Too

The ability of an entirely innocent person to plead the Fifth Amendment and refuse to answer questions even under compulsory process such as subpoena or court order is a large part of why we have the right in the first place.

Reverse Immunity: Rebalancing the Scales of Justice or Defense Attorney Pipe Dream?

Lady Justice's scales will never be perfectly equal, but they need rebalancing; the occasional grant of reverse immunity would go a long way towards accomplishing that goal.

How To Avoid and 'Survive' the Dreaded Monitorship

This article will explore trends in the use of monitorships, provide practical tips on using the DOJ's guidance to potentially avoid a monitorship, and—if a company is required to retain a monitor—how to "survive" the monitorship.

Dismantling the SEC's Federal Court Disgorgement Authority

Will the Supreme Court finish what it started in 'Kokesh'?