Jacqueline C. Wolff, Scott T. Lashway, and Matthew M.K. Stein
In times of crisis, criminal activity — particularly crimes involving theft and fraud — tend to spike. There is no reason to believe that the Covid-19 pandemic and the unrest in the financial markets will be any different. An important difference for company counsel, however, will be in how the malfeasance, negligence or wrongdoing can be investigated.
The COVID-19 pandemic is resulting in landlords and tenants closely reviewing a clause in their lease that was long considered unimportant boilerplate. Yes, we are referring to the “force majeure” provision.
C. Ryan Barber
In a practice that prizes in-person meetings, virtual communication has become commonplace.
Elkan Abramowitz and Jonathan Sack
This article discusses the standard for ordering a bill of particulars in the Second Circuit, drawing a comparison with the standard for civil fraud claims, and then describes a recent decision ordering a bill of particulars in the high-profile prosecution growing out of the Theranos blood-testing scandal. The decision in that case highlights the importance of seeking bills of particulars in fraud cases.
Robert J. Anello and Richard F. Albert
Handled with care, an attorney proffer can provide a critical opportunity to gauge a prosecutor’s reaction while limiting the risk of compromising the client’s potential defense at trial.
Darren LaVerne, Michael Martinez and Eric Rosoff
The Hoskins case highlighted the manner by which the DOJ (and the SEC, which has civil enforcement jurisdiction under the FCPA) can harness the common-law doctrine of agency to expand the reach of the statute.
Joseph M. McLaughlin and Shannon K. McGovern
The Delaware Court of Chancery recently addressed a nearly unprecedented issue: the discovery and privilege implications of a special litigation committee’s (SLC) decision to hand over control of a company claim to a stockholder derivative plaintiff who initiated the claim and survived a motion to dismiss.
The definition of “accredited investor” uses income and net worth thresholds to identify natural persons as accredited investors.
Jonathan S. Feld, Jason Ross and Amelia Marquis
When used for work, mobile devices routinely contain employers’ proprietary and confidential data. The struggle between Government requests for access to such data and constitutional protections — including the Government’s ability to compel the turnover of biometric “keys” to unlock mobile devices — create areas of concern.
Telemachus P. Kasulis
Two criminal appeals before the Second Circuit require the Court of Appeals to decide whether the violation of a fiduciary relationship is required to create insider trading liability or if a breach of contract is sufficient.