By Faith Gay and Megan Larkin | April 2, 2021
Whether representing a plaintiff initiating a lawsuit or a defendant contesting one, affirmative outreach to the press can serve as both sword and shield. This article explores three steps litigators should follow to develop a vigilant press strategy essential to every litigation plan.
New York Law Journal | Analysis
By Angela Turturro | March 29, 2021
In this Special Report: "Prosecutors' New Weapon in Cross-Border Investigations," "When the Paper Tiger Bites: The Myriad Dangers of Ineffective Compliance Programs," "Should the United States Be the Global Financial Policeman? International Extradition of White-Collar Defendants," "A Decade After the Milberg Weiss Scandal: Does History Repeat Itself?" and "The CTA Paradigm Shift: Why Practitioners, Industry and Law Enforcement Should Care."
By Eric Lewis | March 26, 2021
The United States needs to consider carefully whether its treaty advantages and broad jurisdictional statutes should be aggressively used to bring foreign defendants to the United States when the American interest is limited and when other countries may have a greater interest in applying their own statutes, and their own penalty structures.
By Andrew St. Laurent | March 26, 2021
Corporations need to take a close look at their compliance programs, making sure that these programs are delivering, not just promising, real oversight.
By Joshua A. Levine and Daniel S. Levien | March 26, 2021
The CTA constitutes the most significant change to the U.S. anti-money laundering regime since the USA PATRIOT Act of 2001, and legal practitioners, industry, and law enforcement should pay careful attention to its rollout, which will primarily be addressed in regulations to be promulgated by the U.S. Department of Treasury.
By Sarah Paul and Andrea Gordon | March 26, 2021
The Anti-Money Laundering Act of 2020, which became law on Jan. 1, 2021, greatly expands the U.S. government's authority to subpoena records from foreign banks with no U.S. branches, and this expansion has the potential to dramatically impact future white-collar investigations. This article provides insight into how the recent legislation could affect cross-border, white-collar investigations, how foreign banks can (or should) respond if they receive these subpoenas, and what affirmative measures foreign banks can take to prevent coming under scrutiny themselves.
By Joan Meyer and Norman Bloch | March 26, 2021
With the government again focusing on the behavior of the plaintiffs' bar, its scrutiny could signal the emergence of a new prosecutorial priority with which plaintiffs' firms, and the legal profession, will have to contend.
New York Law Journal | Analysis
By Angela Turturro | March 22, 2021
In this Special Report: "The Cost of Winning," "COVID-19, Patent Eligibility and the Dilemma of Diagnostics," "Routine Optimization, Result-Effective Variables and Obviousness of Patent Claims," "The Internet of Things: Application of Current FRAND Methodologies in Developing Markets" and "'Canada Hockey' Tests the Limits on State Sovereign Immunity for Copyright Infringement."
By Melanie Rupert and Ryan Meuth | March 22, 2021
Recent Federal Circuit precedent has given some hope that, through the use of artfully‑drafted claim language, diagnostic tests may still be eligible for patenting. And in view of the central importance of diagnostic testing to the present COVID-19 crisis, the policy considerations that underlie strengthening innovation incentives in the diagnostic space have become more compelling and more urgent.
New York Law Journal | Commentary
By Benjamin E. Marks and Rachel Kaplowitz | March 19, 2021
'Canada Hockey v. Texas A&M University', now pending in the Fifth Circuit, presents the question of whether there are any circumstances under which a state actor can be held liable for infringement. Did "by no means always" really mean "never"? And, if not, where is the line?
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