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“Give a man a fish, and you feed him for a day. Teach a man to fish, and you feed him for a lifetime.” Judge Victor Marrero, writing in a 103 page Decision and Order dismissing the President’s civil suit under the Civil Rights Act (more on that below), neither gives a fish, nor teaches how to fish — rather he explains what fishing is. Trump v. Vance, 19 Civ. 8694 (VM), 2020 WL 4861980 (S.D.N.Y. Aug. 20, 2020). Within weeks, the President had appealed to the Second Circuit, which upheld Judge Marrero’s Decision, but left fishing for an artistic metaphor. The President has again appealed (seeking an emergency stay), this time to the Supreme Court, where, as of this writing, the matter stands.
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By Harry Sandick and Sarah Hardtke
The guidance mirrors the recent, broader impulse among U.S. prosecutors and regulatory agencies to extend application of U.S. law to foreign persons and entities, even when those persons and entities have only threadbare connections to the U.S.
By Jonathan B. New, Patrick T. Campbell and Rachel H. Ofori
Because PR firms may be considered third parties for privilege purposes, it is crucial that communications between a company’s counsel and its PR firm are handled with care to avoid waiving the attorney-client privilege.
Navigating the SEC’s New Cybersecurity Disclosure Rules
By Olivia J. Greer, Catherine Kim and Jeeyoon Chung
With the first cybersecurity rule for public companies, and the landscape of ongoing scrutiny and enforcement, SEC registrants should not lose time in reviewing their cybersecurity postures and policies to ensure compliance and, even ahead of formal adoption of certain still-pending rules, align with best practices.
Understanding the Difference Between Advocacy and Obstruction When Facing Government Investigations
By Christopher D. Carusone
Corporate counsel must understand the difference between advocacy and obstruction when facing government investigations.
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