New York Law Journal | Analysis
By Bruce Yannett, Kara Brockmeyer, Andrew Levine, Winston Paes and Matthew Specht | December 11, 2020
Expect the Biden Administration and DOJ to depart in certain ways from the more business-friendly approach to regulation and enforcement we have seen over the past four years.
New York Law Journal | Analysis
By Robert J. Anello and Richard F. Albert | December 9, 2020
Days before Thanksgiving, the United States Solicitor General's office responded to defendants' petitions for certiorari in 'Blaszczak'. The government agreed that the Supreme Court should vacate the Second Circuit's decision, and suggested a remand for further consideration in light of an intervening decision in 'Kelly v. United States'. The significant issues the certiorari petitions present in two critical areas of white-collar criminal doctrine are worthy of practitioners' attention and are addressed by White-Collar Crime columnists Robert J. Anello and Richard F. Albert.
By C. Ryan Barber | December 8, 2020
"Because the law recognizes the president's political power to pardon, the appropriate course is to dismiss this case as moot," U.S. District Judge Emmet Sullivan wrote.
By Angela Turturro | December 7, 2020
In this Special Report: "A Rare FCPA Advisory Opinion From the DOJ: Cause and Effect," "Internal Investigations in a Virtual World" and "DOJ's Arguments in Trump Litigation Should Benefit Other Defendants."
By Matthew Boxer, William B. Waldie and Paul Giannoglou | December 4, 2020
While the Opinion may have been helpful to the requesting company, its usefulness to other companies is severely limited for a variety of reasons. More generally, using the FCPA advisory opinion procedure remains impractical and potentially even unwise in many circumstances.
By Harry Sandick and Jacob Tuttle Newman | December 4, 2020
Equal justice under law is the highest value of our legal system, and no one should receive preferential treatment because they are friends with the president.
By Peter W. Baldwin, Daniel E. Pulliam, Elizabeth B. Boggia and Sophie H. Gotlieb | December 4, 2020
Internal investigations will need to proceed, albeit under different circumstances. In order to ensure that remote internal investigations are probative and effective, companies and their outside counsel should employ a few simple and practical practices.
By C. Ryan Barber | December 3, 2020
"Society expects and requires better from attorneys and officers of the court, who take the oath to uphold the law and comply with their professional and ethical obligations," the prosecutors wrote in the case against Kevin Clinesmith in Washington's federal trial court.
By Dan Packel | December 1, 2020
Geoffrey Berman will chair the firm's white-collar defense practice and sit on its governance committee.
New York Law Journal | Analysis
By Michael C. Miller, Michelle Levin, Bruce Bishop and David Hirsch | November 25, 2020
This article discusses recent events giving rise to concerns about insider trading, the scope of insider-trading laws as they apply to government officials and alleged tippees, and whether the change in administration is likely to result in a greater focus on insider trading based on government information.
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