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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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Federal Public Corruption Prosecutions
By Elkan Abramowitz and Jonathan S. Sack
This article describes pending federal prosecutions, which level corruption charges against high-level officials, considers how the theories of prosecution in these cases might be viewed in light of court decisions in other public corruption cases, and concludes with some observations about the outer limits of federal public corruption prosecutions.
Corporate ESG Integration Not Optional
By Alexandra Poe and Bryan Sillaman
Corporate ESG (environmental, social and governance) integration is becoming less optional every day, driven by increasing regulation, investor demand and the recent embrace of stakeholder capitalism.
Congress Leaves SEC Subject to Litigation Over Disgorgement
By Sarah Aberg and Chris Bosch
Buried in the massive National Defense Authorization Act for Fiscal Year 2021 is §6501, a provision authorizing the SEC to seek disgorgement of unjust enrichment within 10 years for certain securities law violations, and five years for others.
Criminal Liability of Executives and In-House Attorneys for Corporate Actions
By Joseph G. Poluka and David J. Oberly
Data breaches, while frequent in number and severity, remain big news events today. Even more newsworthy is when a corporate in-house attorney is criminally prosecuted in connection with his role in responding to a data breach event.
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