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In recent years, U.S. prosecutors and regulators have shown increasing interest in prosecuting people and entities with little or no connection to the United States. This trend has been especially pronounced in the context of the Foreign Corrupt Practices Act (FCPA). See, Harry Sandick & Devon Hercher, “New FCPA Decision Limits DOJ’s International Reach,” Business Crimes Bulletin (May 2020) (stating that a majority of firms charged with FCPA violations are non-U.S. firms). This trend extends beyond the FCPA to the prosecution of white-collar crime more generally. See, Harry Sandick & Jeff Kinkle, “The Global Reach of U.S. Law Enforcement,” N.Y. Law Journal (Dec. 10, 2018).
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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