By Emil Bove | April 1, 2022
As DOJ looks abroad to support the Biden Administration's national security and criminal justice objectives, the defense bar will continue to be called upon to advise foreign clients, with assistance from local counsel, on risks related to arrest and extradition (as well as the substance of the investigations). This piece addresses some issues to consider, including foreign arrest procedures, contesting extradition, and engaging with prosecutors before a defendant arrives in the United States.
By Howard S. Master | April 1, 2022
Criminal defendants can and should be empowered to use compulsory process to uncover the truth themselves.
By Michael J. Osnato Jr. and Meaghan A. Kelly | April 1, 2022
This article highlights two recent settled actions—'In the Matter of Andeavor' and 'In the Matter of App Annie'—both of which are generally perceived to involve expansive interpretations of the securities laws. Both of these first-of-its-kind settlements also appear to lack detailed discussion of how or why the conduct at issue gave rise to the specific charged violations of the securities laws.
By Mark Bini and Julia Nestor | April 1, 2022
Driven by what the digital asset community views as a failure on the part of regulators to appropriately set out the rules of the road, various cryptocurrency platforms have taken the dynamic step of seeking to recommend uniform standards that cryptocurrency providers can use to ensure compliance with AML laws and regulations.
By Ian McGinley | March 11, 2022
The 'Trovias' case shows that the government is willing to use creative legal theories to pursue the inappropriate trafficking of inside information through these mediums.
New York Law Journal | Analysis
By Elkan Abramowitz and Jonathan Sack | March 3, 2022
In this edition of their White-Collar Crime column, Elkan Abramowitz and Jonathan Sack first summarize the facts underlying the 'Connolly' prosecution and then describe the detailed reasoning of the Second Circuit. They conclude by touching on several important takeaways from the holding—above all, that the decision draws attention to the limits of the mail/wire fraud statutes.
By Marianna Wharry | March 2, 2022
Prosecutors said investment analyst John Afriyie netted over $1.5 million in 2016 when he bought over 2,000 ADT call options in the two weeks leading up to MSD Capital's acquisition of the ADT Corp.
New York Law Journal | Analysis
By William F. Johnson | March 2, 2022
The latest court battle involving an individual, 'United States v. Connolly', ended in a noteworthy rebuke of the government's fraud theory and serves as a reminder that conduct a prosecutor might think is "wrong" does not necessarily violate a federal fraud statute.
New York Law Journal | Analysis
By David I. Miller, Robert A. Horowitz and Charles J. Berk | March 2, 2022
Judge Orrick's decision in 'Panuwat' may herald a further widening of the insider trading landscape.
New York Law Journal | Analysis
By Margaret Dale and Mark Harris | February 28, 2022
In their Securities and Corporate Litigation column, Margaret Dale and Mark Harris discuss the recent case 'SEC v. Panuwat', where a California district court allowed a case of shadow trading to go forward, seemingly for the first time.
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