New York Law Journal | Expert Opinion
By Steven Paradise and Matthew Catalano | September 11, 2020
A discussion of the Second Circuit securities case, 'Gamm v. Sanderson Farms' which provides companies responding to allegations of securities fraud based on failure to disclose illegal conduct ammunition to support a motion to dismiss.
New York Law Journal | Analysis
By Elkan Abramowitz and Jonathan S. Sack | September 3, 2020
In their White-Collar Cirme column, Elkan Abramowitz and Jonathan S. Sack discuss the Criminal Division of the Department of Justice and how it recently issued two important documents that reflect significant continuity in DOJ policy toward corporate white-collar criminal investigations.
New York Law Journal | Analysis
By Evan T. Barr | September 2, 2020
In his Corporate Crime column, Evan Barr re-acquaints defense practitioners with the basic parameters of the marital communications privilege.
New York Law Journal | Expert Opinion
By Andrew St. Laurent | August 26, 2020
One year on from the U.S. Supreme Court's surprising 'Lorenzo' decision, lower courts have embraced both its main holding as well as the decision's more expansive view of fraud under Rule 10b5.
New York Law Journal | Expert Opinion
By Ernest Edward Badway | August 25, 2020
Spurred on by the problems encountered by the SEC, DOJ, and many courts, in December 2019, the U.S. House of Representatives passed a bill with strong bi-partisan support explicitly banning insider trading and providing greater enforcement authority to the SEC and DOJ.
By C. Ryan Barber | August 21, 2020
"Loughlin was focused on getting what she wanted—no matter how, no matter what the cost," said Justin O'Connell, an assistant U.S. attorney in Boston.
New York Law Journal | Expert Opinion
By Eric Lewis | August 13, 2020
A discussion of 'Liu v. SEC,' where the Supreme Court clarified the scope of the disgorgement remedy, and limited the SEC's discretion in making restitution to victims of securities fraud.
New York Law Journal | Analysis
By Robert J. Anello and Richard F. Albert | August 12, 2020
In their White-Collar Crime column, Robert J. Anello and Richard F. Albert discuss the Second Circuit's decision in 'Napout,' which illustrates that if investigators find use of the U.S. banking system in carrying out a scheme, few practical limits will be placed on U.S. prosecutors' ability to reach alleged misconduct anywhere in the world.
The American Lawyer | Analysis
By Samantha Stokes | August 5, 2020
Federal stimulus money is creating an increased demand for white-collar crime and investigations work, and firms are looking to hires from the government to meet their needs in the space.
By C. Ryan Barber | August 5, 2020
Eric Herschmann, who'd joined Kasowitz Benson Torres in 1996, argued for Trump at his impeachment trial. Herschmann revealed his new role as a White House senior adviser in court filings in New York.
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