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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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Defending Attorneys Against Extortion Charges Presents Unique Challenges
By Bradley A. Marcus
Although the criminal prosecution of lawyer misconduct is nothing new, the recent indictment of a plaintiffs’ lawyer in Maryland and sentencing of two plaintiffs’ lawyers in Virginia illustrate the particular danger to attorneys who arguably cross the line during negotiations with potential litigation counterparties.
Implications of a More Conservative Supreme Court for White-Collar Practitioners
By Robert J. Anello and Richard F. Albert
A review of recent decisions of the Roberts court and of decisions in which Barrett participated during her limited tenure on the U.S. Court of Appeals for the Seventh Circuit provides some hints regarding how the Supreme Court’s future decisions may affect the law relevant to white-collar criminal practice.
SCOTUS Set to Address Circuit Split in Interpreting CFAA
By Elkan Abramowitz and Jonathan S. Sack
The Computer Fraud and Abuse Act (CFAA) is the sort of broadly worded criminal statute which gives white-collar prosecutors considerable power — and makes defense counsel and judges uneasy. The meaning of “or exceed[ing] authorized access” is not so clear.
Biden Administration May Bring Uptick In White-Collar Work
By Andrew Maloney
With a change in priorities, and issues such as health care, climate and another stimulus package potentially on the agenda for President-elect Joe Biden, white-collar defense lawyers anticipate an uptick in enforcement work.
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