By Zach Brez, Allison Lullo, and Giselle Sedano | January 26, 2018
Over the last year, the CFTC continued to align itself with other, more frequently-lauded enforcement agencies like the U.S. Department of Justice and U.S. Securities and Exchange Commission. But the CFTC also closed out its fiscal year having brought only 49 enforcement actions, nearly 30 percent fewer actions than in FY2016, and obtaining orders totaling approximately $412 million in restitution, disgorgement and penalties, amounting to only one-third of the $1.29 billion garnered in FY2016.
By Todd Blanche and Kyle DeYoung | January 26, 2018
When a complex transaction directed by a CEO or CFO is later deemed criminal and the executive is charged, what exposure could outside counsel face having advised and presumably approved the transaction? Similarly, when working with high-ranking executives at a company, when does outside counsel have an obligation to report and update a company's board of directors regarding their work for the CEO on behalf of the company?
By David Siegal and Michael Scanlon | January 26, 2018
White-collar attorneys will continue to employ the attorney proffer to advance their clients' interests in responding to investigations, even while on occasion accepting the consequence of some limited waiver of privilege over the facts they strategically divulge.
By Christian Everdell | January 26, 2018
Whereas 2017 set some basic guardrails around the ICO market, 2018 will likely see an increase in regulatory activity by multiple agencies, and a deeper engagement with the difficult legal questions posed by ICOs.
By Nicolas Bourtin | January 26, 2018
What if everything we think we know about the motivation and decision-making of white-collar criminals is wrong?
By Boyd Johnson, Brendan McGuire and Alyssa DaCunha | January 26, 2018
In terms of practical impact, the decision in 'SEC v. Herrera' appears to expand the scope of materials that may be obtained as a result of actual waiver through disclosure, and further blurs the line between subject matter waiver and actual waiver. Both results unfortunately provide potent new tools for litigants seeking to obtain materials previously considered privileged.
By Christine Simmons | January 24, 2018
Former SDNY prosecutor Glen Kopp is the latest litigator to leave Bracewell over the past year.
By Stephanie Forshee | January 24, 2018
The CFTC has alleged that My Big Coin Pay pilfered $6 million from its customers for personal expenses and the purchase of luxury goods.
By Colby Hamilton | C. Ryan Barber | January 22, 2018
According to the SEC, former inspectors from the Public Company Accounting Oversight Board used information about upcoming audit reviews to scrub their work on behalf of KPMG clients.
By Andrew Denney | January 22, 2018
Jury selection began Monday in federal court in Manhattan for the public corruption trial for Joseph Percoco, a top aide and longtime friend to Gov. Andrew Cuomo, which is expected to put a microscope to the way state government does business.
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