By Philip M. Berkowitz | March 10, 2021
The recently-enacted Anti-Money Laundering Act significantly increases the potential value of awards for whistleblowers under the Bank Secrecy Act. The challenge for a financial services employer is to establish that discipline against an employee in a compliance role is supported by evidence that the decision was based on the employee's incompetence or other inappropriate behavior, and that any whistleblowing activity he or she engaged in was not a consideration. Philip M. Berkowitz explores the issues in this edition of his Employment Issues column.
By Mike Scarcella | March 9, 2021
Welcome to Compliance Hot Spots, our weekly snapshot on white-collar, regulatory and compliance news and trends. Thanks for reading! Let's jump in.
By Mike Scarcella | March 8, 2021
"Well, it's semiretirement," the longtime Washington lawyer is quick to note. The veteran congressional investigations lawyer opens up about his career, and what's now on his plate.
New York Law Journal | Analysis
By Elkan Abramowitz and Jonathan S. Sack | March 4, 2021
In this edition of their White-Collar Crime column, Elkan Abramowitz and Jonathan S. Sack describe two pending federal prosecutions, which level corruption charges against high-level officials in Ohio and Illinois, and consider how the theories of prosecution in these cases might be viewed in light of court decisions in other public corruption cases. They conclude with observations about the outer limits of federal public corruption prosecutions.
New York Law Journal | Analysis
By William F. Johnson | March 3, 2021
In the inaugural enforcement action under its new cybersecurity regulations, the New York DFS announced charges against First American Title Insurance Company in July 2020. Companies governed by the regulations and their counsel have anxiously awaited this case of first impression, and the merits of the enforcement action have been extensively covered by legal commentators. In this edition of his Corporate Crime column, William F. Johnson focuses on a less-heralded but equally important aspect of the enforcement action: how the administrative trial of the First American charges will be conducted.
By Mike Scarcella | March 3, 2021
Welcome to Compliance Hot Spots, our weekly snapshot on white-collar, regulatory and compliance news and trends.
National Law Journal | Commentary
By Mark V. Holden and Norman L. Reimer | February 26, 2021
President Joe Biden has reversed a number of his predecessor's executive orders, but here's one he should keep.
By Alaina Lancaster | February 26, 2021
David Anderson, U.S. attorney for the Northern District of California, reflected on some of the biggest cases during his two years leading the office, including the prosecution and pardoning of Anthony Levandowski, ahead of his last day.
New York Law Journal | Analysis
By Jason Grant | February 23, 2021
"The truth is if Mr. Caplan had not been someone who had a great [ethics] lawyer, and if he hadn't been from a white-shoe law firm, he may not" have ended up with a retroactive two-year license suspension from the First Department court, but rather could have received a harsher sanction, said University of Connecticut law professor Leslie Levin.
New York Law Journal | Analysis
By Martin Flumenbaum and Brad S. Karp | February 23, 2021
In their Second Circuit Review, Martin Flumenbaum and Brad Karp discuss the court's ruling in 'United States v. Ho', which "silenced post-'Hoskins' speculation that the Second Circuit would continue to narrow the scope of FCPA liability."
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