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Business Crimes Hotline
Question on Appeal: Can Federal Prosecutors Reach Electronic Communications Abroad?
Microsoft is pushing back against the federal prosecutors who were given the green light by a Magistrate Judge to compel the company to turn over e-mail communications cached in Ireland in connection with one of their investigations. Microsoft claims the warrant, issued under the Electronic Communications Privacy Act (ECPA), is illegal because it seeks information from a foreign location that would not be directly reachable by a U.S. court. In its appellate brief to a New York federal district court, Microsoft asserts, “[T]he Government cannot conscript Microsoft to do what it has no authority itself to do ' i.e., execute a warranted search abroad.” The company added that if the warrant is upheld, it will “violate international law and treaties, and reduce the privacy protection of everyone on the planet,” and that nothing in the ECPA indicates that Congress had “any such intent” in enacting the law.
The DOJ's Corporate Enforcement Policy: One Year Later
The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
The DOJ's New Parameters for Evaluating Corporate Compliance Programs
The parameters set forth in the DOJ's memorandum have implications not only for the government's evaluation of compliance programs in the context of criminal charging decisions, but also for how defense counsel structure their conference-room advocacy seeking declinations or lesser sanctions in both criminal and civil investigations.
Use of Deferred Prosecution Agreements In White Collar Investigations
This article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.
Bankruptcy Sales: Finding a Diamond In the Rough
There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
A Lawyer's System for Active Reading
Active reading comprises many daily tasks lawyers engage in, including highlighting, annotating, note taking, comparing and searching texts. It demands more than flipping or turning pages.