By John M. Hillebrecht and Jessica Masella | January 25, 2019
The potential benefits of a JDA in most criminal investigations are self-evident. Oftentimes, the risks are less apparent. Considering and addressing the pitfalls at inception is something all prudent defense counsel should do.
By ALM Staff | January 25, 2019
Stone was arrested Friday in Florida and is set to make his initial court appearance in Fort Lauderdale this morning.
By Christine Simmons | January 23, 2019
Jonathan Bach has left Cooley to join his wife and several others at litigation boutique Shapiro Arato.
New York Law Journal | Analysis
By Vera M. Kachnowski and Peter J. Sluka | January 22, 2019
In their International Criminal Law and Enforcement Vera M. Kachnowski and Peter J. Sluka write: As courts and litigants continue to grapple with the extraterritorial reach of U.S. criminal statutes, two recent Second Circuit appeals highlight potential limitations the U.S. Department of Justice faces when prosecuting non-resident foreign actors involved in alleged bribery.
By C. Ryan Barber | January 20, 2019
The Foreign Agents Registration Act filing, required as part of a civil settlement with the U.S. Justice Department, shows funding source expectations for the advocacy, and partner rates on the lobbying contract.
New York Law Journal | Analysis
By Scott Colesanti and Emily Knight | January 18, 2019
Insider trading has proven to be shockingly resilient. Yet, its deterrence is undermined when one athlete faces repeat hits (ultimately culminating in years in jail), while another simply returns his ill-gotten gains and continues in his roles as endorser for major corporations.
New York Law Journal | Analysis
By Jeremy H. Temkin | January 16, 2019
In his Tax Litigation column, Jeremy Temkin analyzes the ongoing debate over the maximum permissible FBAR (Foreign Bank and Financial Account) penalty and its implications.
By Christine Simmons | January 11, 2019
Meanwhile, many defense lawyers aren't hearing from their counterparts in the SEC's enforcement division. “Since the new year, those cases have been deadly quiet,” said Robert Anello, a partner at boutique Morvillo Abramowitz Grand Iason & Anello in New York.
By Philip M. Berkowitz | January 9, 2019
In his Employment Issues column, Philip M. Berkowitz writes: What are the risks of misusing confidential supervisory information? A recent matter involving a former Federal Reserve Bank of New York examiner and a Goldman Sachs banker is instructive.
New York Law Journal | Analysis
By Amanda Senske and Daniel A. Cohen | January 8, 2019
Imagine that a boss prepares a materially false statement and directs her employee (who knows the statement is false) to email it to investors. Is the employee liable as a “primary violator” under the securities laws, or does her conduct constitute at most secondary liability, i.e., aiding and abetting securities fraud? The U.S. Supreme Court held oral argument on Dec. 3, 2018 in Lorenzo v. SEC to answer that question and resolve an apparent Circuit split.
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