By C. Ryan Barber | November 20, 2020
Whistleblower lawyers said lockdowns and layoffs have given employees not just added distance from their companies but also time to reflect on misconduct and consider reporting it to law enforcement authorities.
New York Law Journal | Analysis
By Martin Flumenbaum and Brad S. Karp | November 17, 2020
In their Second Circuit Review, Martin Flumenbaum and Brad S. Karp discuss the court's decision in 'Razzouk', which continues a trend in favor of authorizing restitution by applying a non-categorical approach to the crimes-against-property provision of the MVRA, thereby making restitution contingent on the manner in which the offense was committed rather than on the crime's elements.
The American Lawyer | Analysis
By Andrew Maloney | November 12, 2020
"I think the expectation generally is that Rip Van Winkle wakes up, and we see a much different environment," Dechert's David Kelley said.
By C. Ryan Barber | November 11, 2020
Among the Biden transition advisers are a number of former Obama administration officials, including some who were involved in the Dodd-Frank reforms that followed the financial crisis.
By C. Ryan Barber | November 10, 2020
Duke Law's Christopher Schroeder, a former Obama-era Justice Department lawyer, is leading the Biden DOJ team. The team also includes Pam Karlan of Stanford Law and myriad Big Law partners.
New York Law Journal | Analysis
By Elkan Abramowitz and Jonathan S. Sack | November 9, 2020
The meaning of "exceeds authorized access" in the Computer Fraud and Abuse Act will soon be taken up by the U.S. Supreme Court in 'United States v. Van Buren'. In their White-Collar Crime article, Elkan Abramowitz and Jonathan Sack describe the Circuit split and explore different methods used by appellate courts to interpret these operative words of the CFAA. The Supreme Court will have the opportunity once more to articulate its approach to interpreting white-collar criminal statutes.
New York Law Journal | Analysis
By William F. Johnson | November 4, 2020
In his Corporate Crime column, William F. Johnson writes: Practitioners should be aware of the risk that courts will permit an adverse inference against their client in a civil case based on another person's invocation of their right not to testify, even when the client has not invoked.
New York Law Journal | Analysis
By Milton L. Williams and Derek Borchardt | November 2, 2020
The trend: fraud by employers in the Paycheck Protection Program (PPP), created by Congress earlier this year to help employers meet payroll during the COVID-19 pandemic. The advice for employment lawyers: Time to add the False Claims Act to your arsenal of tools used to represent your employee clients.
New York Law Journal | Analysis
By Robert J. Anello and Richard F. Albert | October 7, 2020
In recent years, justices of the Supreme Court have tended to rule differently in white-collar crime cases than how their traditional labels of liberal or conservative would suggest in "blue-collar" crime cases, write White-Collar Crime columnists Robert J. Anello and Richard F. Albert.
By C. Ryan Barber | September 16, 2020
"Letting the most junior members set the agenda might be a good philosophy for a Montessori preschool, but it's no way to run a federal agency," he said. Barr's remarks were certain to fuel criticism that he has said and done more to politicize the Justice Department than any U.S. attorney general in recent time.
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