By Todd Blanche and Kyle DeYoung | January 26, 2018
When a complex transaction directed by a CEO or CFO is later deemed criminal and the executive is charged, what exposure could outside counsel face having advised and presumably approved the transaction? Similarly, when working with high-ranking executives at a company, when does outside counsel have an obligation to report and update a company's board of directors regarding their work for the CEO on behalf of the company?
By David Siegal and Michael Scanlon | January 26, 2018
White-collar attorneys will continue to employ the attorney proffer to advance their clients' interests in responding to investigations, even while on occasion accepting the consequence of some limited waiver of privilege over the facts they strategically divulge.
By Christian Everdell | January 26, 2018
Whereas 2017 set some basic guardrails around the ICO market, 2018 will likely see an increase in regulatory activity by multiple agencies, and a deeper engagement with the difficult legal questions posed by ICOs.
By Nicolas Bourtin | January 26, 2018
What if everything we think we know about the motivation and decision-making of white-collar criminals is wrong?
By Boyd Johnson, Brendan McGuire and Alyssa DaCunha | January 26, 2018
In terms of practical impact, the decision in 'SEC v. Herrera' appears to expand the scope of materials that may be obtained as a result of actual waiver through disclosure, and further blurs the line between subject matter waiver and actual waiver. Both results unfortunately provide potent new tools for litigants seeking to obtain materials previously considered privileged.
By Angela Turturro | January 22, 2018
In this Special Report, leaders of the bench and bar discuss the theme of this year's meeting: Connect, Inspire, Learn.
By Janet DiFiore, Chief Judge, State of New York | January 19, 2018
Janet DiFiore, Chief Judge of the State of New York, writes: Our work to modernize the structure and organization of our court system is a matter of the utmost mutual concern. It is absolutely vital that the Bench and Bar work together to recommend and follow through on practical, achievable constitutional amendments that will make our court system more efficient, affordable and accessible, and support the Empire State's ability to maintain a healthy business climate that supports economic growth and job creation.
By Lawrence K. Marks, Chief Administrative Judge, New York State Unified Court System | January 19, 2018
Lawrence K. Marks, Chief Administrative Judge of the New York State Unified Court System, writes: One critical means of achieving the goals of the Excellence Initiative is through technology. By expanding and modernizing our technology operations, we have made justice more accessible and more efficient.
New York Law Journal | Analysis
By Rolando T. Acosta, Presiding Justice, Appellate Division, First Department | January 19, 2018
Rolando T. Acosta, Presiding Justice of the Appellate Division, First Department, writes: From e-filing to standardizing Appellate Division practice rules to developing a uniform guide to New York evidence, our judiciary is taking needed steps to modernize and become more efficient.
By Alan Scheinkman, Presiding Justice, Appellate Division, Second Department | January 19, 2018
Alan Scheinkman, Presiding Justice of the Appellate Division, Second Department, writes: As the court's newest member, I am adjusting to a new way of adjudicating cases. No longer will I be alone in controlling a calendar and a courtroom and acting as sole arbiter of requests for relief. My role now will be to approach cases from the perspective of a reviewing court and to work collaboratively with my new and highly distinguished colleagues to achieve a just result in each appeal that comes before us.
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