By Matthew L. Schwartz and Nick Barnaby | January 10, 2020
The ability of an entirely innocent person to plead the Fifth Amendment and refuse to answer questions even under compulsory process such as subpoena or court order is a large part of why we have the right in the first place.
By Sarah Paul, Olga Greenberg and Andrea Gordon | January 10, 2020
This article will explore trends in the use of monitorships, provide practical tips on using the DOJ's guidance to potentially avoid a monitorship, and—if a company is required to retain a monitor—how to "survive" the monitorship.
By Christopher P. Conniff, Gregory L. Demers and Cole A. Goodman | January 10, 2020
'Malouf' was the first foray by a federal court of appeals into "scheme liability" post-'Lorenzo', but the case involved a highly unusual fact pattern. Although the Tenth Circuit appeared to take a broad view of 'Lorenzo', lower courts and litigants should be careful not to overread the decision.
By Gregory Morvillo and Tiffany Rowe | January 10, 2020
Lady Justice's scales will never be perfectly equal, but they need rebalancing; the occasional grant of reverse immunity would go a long way towards accomplishing that goal.
New York Law Journal | Analysis
By David N. Kelley, Matthew M. McDonagh and Kaitlyn Walsh | January 10, 2020
This article will summarize the evolution of the Policy and conclude with steps companies should take if they are subject to the FCPA.
By Jack Newsham | January 3, 2020
The suspended lawyer, who is being prosecuted by a team of Seward & Kissel lawyers, has said business connections between the firm, its clients and Chevron call their impartiality into question.
By Jack Newsham | January 2, 2020
The New York firm is staying mum on whether it was also surprised by Carlos Ghosn's daring exit from Japan.
New York Law Journal | Analysis
By Elkan Abramowitz and Jonathan S. Sack | January 2, 2020
In its present term, the Supreme Court will hear an appeal arising from the controversy known as "Bridgegate". In their White-Collar Crime column, Elkan Abramowitz and Jonathan Sack describe the factual and legal background and discuss the arguments of the defense and the government in the Supreme Court, which touch directly on the proper reach of federal criminal law into the realm of local politics.
New York Law Journal | Analysis
By Steven M. Witzel and Chelsea P. Azrak | December 31, 2019
In this Corporate Crime column, Steven M. Witzel and Chelsea P. Azrak discuss two separate SEC annual reports setting forth expected new policies and highlighting recent practices designed to further incentivize individual whistleblowers and cooperating companies to report and address violations of the securities laws.
New York Law Journal | Analysis
By Martin Flumenbaum and Brad S. Karp | December 24, 2019
In their Second Circuit Review column, Martin Flumenbaum and Brad S. Karp discuss 'U.S.v. Calderon,' where the Second Circuit limited the availability of "windfall" restitution awards and narrowed its interpretation of the "proximate cause" requirement for financial fraud victims under the Mandatory Victims Restitution Act of 1996.
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