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In 2015, speaking at a Labor Day campaign event, former Presidential candidate Hillary Clinton told a crowd, “I’m going to make sure that some employers go to jail for wage theft.” “Clinton: I’ll jail some employers for wage theft,” CNN (Sept. 8, 2015). Her statement was shocking to some at the time, raising the possibility of incarceration for employment-related failures that had traditionally been viewed as primarily the province of private civil litigation or regulatory enforcement. Jailing an employer for, say, failing to provide sufficient fringe benefits on a government-funded job was, to many, an alarming prospect.
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Strategy vs. Tactics: Two Sides of a Difficult Coin
By Emil Sayegh
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks now target the critical infrastructure of the most powerful country on the planet.
How Will Courts Determine Business Expense Legitimacy Under SEC’s New Disgorgement Authority?
By Jorge deNeve, Michael Simeone and David Cohen
Answering that question will force defendants facing SEC enforcement actions to focus on demonstrating the legitimacy of expenses in developing their litigation strategies.
Mutual Legal Assistance Treaties Are Best Option for International Subpoenas
By Lanier Saperstein and Samuel Hickey
One provision of the AMLA was added with little fanfare and minimal discussion, yet it could have a significant impact on foreign financial institutions doing business in the United States.
Government Secret Recording of Interviews Rarely In Best Interests of Witness
By Joel Cohen
Secretly recording conversations or interviews is a dirty business, and it is almost never conducted by the government with the best interests of the witness in mind.
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