Law Offices of Gary Martin Hays & Associates
P.C.
75 Ponce De Leon Ave NE Ste 101
Atlanta,
GA 30308(470) 294-1674
www.garymartinhays.com
New York Law Journal | Analysis
By Martin S. Bloor | April 2, 2019
Over the past year, the Fraud Section of the U.S. Department of Justice has significantly increased individual prosecutions for corporate misconduct. The Foreign Corrupt Practices Act (FCPA) unit in particular emphasized its “clear commitment to holding individuals accountable for transnational corruption.” As more individuals challenge the charges, there will be a continued uptick in the number of issues that reach the courts and, consequently, more clarity around the application of the FCPA.
New York Law Journal | Analysis
By Angela Turturro | April 1, 2019
In this Special Report: "Prosecutorial Immunity: The Debate Reignited," "Art Market May Be Asked to Reveal What's Behind the Curtain With Proposed Legislation," "Time for the Government to Revisit DPAs and CIAs," "Bail the Rich: Armed Guards, Private Prisons, and Special Treatment for the Wealthy Under the Bail Reform Act" and "Will the SEC Take an Expansive Approach to the Extraterritorial Reach of Its Jurisdiction?"
By Meghan Tribe | April 1, 2019
Former assistant U.S. attorney Rachel Maimin and former SEC senior counsel Greg Baker are the latest in a long string of government hires for Lowenstein Sandler.
By Bill Leone and Neil O'May | March 29, 2019
There is a better formula for corporate cooperation. It preserves the attorney-client privilege. It empowers corporate compliance efforts. And it gives the government the benefit of the corporation's willing assistance in tasks that would otherwise consume vast amounts of limited enforcement resources. It protects the rights of individual employees. It respects the relative roles of the government and private actors. In the end, it will produce better results for the corporate and government actors.
By Maranda Fritz and Brian Lanciault | March 29, 2019
Given that all attorneys (except prosecutors) litigate effectively every day with the certainty that if they violate ethical principles or engage in improper conduct they will be subject to monetary and disciplinary penalties, we should continue to question why prosecutors possess enormous power but face little accountability.
By Ann-Elizabeth Ostrager | March 29, 2019
This article examines whether the SEC may take a more expansive approach to the extraterritorial reach of its jurisdiction in light of the recent decision by the U.S. Court of Appeals for the Tenth Circuit in 'SEC v. Scoville'. Although it remains to be seen whether other circuit courts will align with the Tenth Circuit, this decision may alter and expand the playing field when navigating an SEC investigation or litigation.
By Lauren Bursey and Dean Nicyper | March 29, 2019
While it would seem to be good public policy to enact legislation that will prevent money laundering, terrorism, and fraud, art market leaders are concerned that money laundering in art transactions is not a big enough issue to justify the regulatory burden.
By Ross M. Kramer and Seth C. Farber | March 29, 2019
District courts appear destined to wrestle with the “private prison” issue unless and until the Second Circuit issues definitive guidance, or the legislature amends the Bail Reform Act.
New York Law Journal | Analysis
By Jay Kasner, Scott Musoff, Susan Saltzstein, Colleen Mahoney and Andrew Lawrence | March 27, 2019
The U.S. Supreme Court held today in 'Lorenzo v. SEC' that dissemination of false or misleading statements with an intent to defraud can fall within the scope of Rules 10b-5(a) and (c) of the Securities Exchange Act, as well as the relevant statutory provisions, even if the disseminator did not “make” the statements and consequently falls outside Rule 10b-5(b).
By C. Ryan Barber | March 27, 2019
Unidentified foreign government-owned company, represented by Alston & Bird, requests continued secrecy at hearing Wednesday in D.C. federal court.
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