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New York Law Journal | Commentary
By Eric M. Creizman | March 26, 2020
With recent headlines focused on allegations of insider trading in the Senate, Eric Creizman analyzes insider trading law with respect to the senators' stock sales and discusses the challenges prosecutors might have in proving certain elements of an insider trading offense.
New York Law Journal | Analysis
By Andrew E. Tomback, Karen Eisenstadt and Julian Canzoneri | March 24, 2020
Much of the post-'Blaszczak' commentary has focused on how eliminating the personal-benefit requirement makes §§1343 and 1348 easier to satisfy than §10(b), and that the government may now shift to relying more on the Title 18 statutes in insider trading prosecutions. This article offers a slightly different view: namely, that with respect to remote tippees, the Title 18 statutes actually create a different hurdle to conviction, one which the logic of 'Blaszczak' actually reinforces.
New York Law Journal | Analysis
By John C. Coffee Jr. | March 18, 2020
In his Corporate Securities column, John C. Coffee Jr. writes: Practitioners, listen up! You need to unlearn much of what you think you know about the law of insider trading. That law is changing—and quickly. In addition, new legislation has passed the House by an overwhelming margin and could conceivably pass the Senate this year.
New York Law Journal | Analysis
By Karen Hoffman Lent and Kenneth Schwartz | March 9, 2020
In their Antitrust Trade and Practice column, Karen Hoffman Lent and Kenneth Schwartz discuss the FTC's petition for certiorari currently pending at the Supreme Court relating to Ninth Circuit decisions concerning §13(b) of the Federal Trade Commission Act.
New York Law Journal | Analysis
By William F. Johnson | March 4, 2020
Recent court cases and a DOJ whistleblower's memo have strongly suggested that prosecutors may be purposefully and wrongfully using the MLAT (mutual legal assistance treaty) request as a pretextual means of extending the statute of limitations rather than to obtain necessary evidence. In his Corporate Crime column, William F. Johnson explores the historical allegations of such misconduct, the potential for it to occur in the future, and what defense attorneys can do to protect their clients from it.
New York Law Journal | Analysis
By Charles D. Riely, Jeffrey R. Shuman and Ravi Ramanathan | March 3, 2020
A discussion of the publicly available information concerning the SEC's enforcement efforts against the manipulative use of non-GAAP financial metrics, and how the SEC might address these metrics going forward in an anti-fraud context.
New York Law Journal | Analysis
By Elkan Abramowitz and Jonathan Sack | March 2, 2020
In their White-Collar Crime column, Elkan Abramowitz and Jonathan Sack discuss the standard for ordering a bill of particulars in the Second Circuit, drawing a comparison with the standard for civil fraud claims. They then describe a recent decision that highlights the importance of seeking bills of particulars in fraud cases.
By Mike Scarcella | C. Ryan Barber | February 25, 2020
"The decision to disqualify an attorney in a criminal case is not made lightly," U.S. District Judge Ann Donnelly said in a ruling unsealed Tuesday in the Eastern District of New York.
New York Law Journal | Analysis
By Martin Flumenbaum and Brad S. Karp | February 25, 2020
In their Second Circuit Review column, Martin Flumenbaum and Brad Karp discuss 'United States v. Silver,' a decision they write "limits significantly the Second Circuit's longstanding bribery precedent, raising the bar for what the government must prove to establish the existence of a quid pro quo in public corruption cases."
By Jane Wester | February 20, 2020
James said the scheme lasted from at least 2004 to 2017. In a statement, New York Taxi Workers Alliance executive director Bhairavi Desai attributed the damage to former Mayor Michael Bloomberg.
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