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White-collar defense attorneys are commonly engaged to represent companies in government investigations. While such investigations are pending, corporate clients still pursue the usual range of business transactions, including buying or selling a business or borrowing money from a bank or other lender. If a subject of an investigation seeks to borrow money or sell all or part of its business, the lender or buyer will almost certainly seek disclosure of material legal risks, and white-collar defense counsel for the borrower or seller may be called upon by a corporate client to describe an ongoing investigation and give an assessment of its merits.
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By Jacqueline C. Wolff
Given the massive amount of dollars being poured into ESG funds and the SEC’s renewed focus on both the funds and the companies in the funds, there is no time like the present for companies to engage in an assessment of their climate risks and how these risks and the status of the companies’ ESG goals are being relayed to investors.
By Michael Miller and Daniel Podair
How the government might frame insider trading cases based on allegations of tipping before the execution of block trades in securities.
By Jonathan S. Sack and Christopher M. Hurley
To date, cybersecurity has generally been viewed as an organizational responsibility, and data breaches similarly have been treated as organizational weaknesses or failures. Against this backdrop of organizational responsibility, the Department of Justice has brought a noteworthy criminal case against an individual for his personal response to a corporate data breach.
By Harry Sandick and George Carotenuto
In recent years, mostly due to the well-publicized prosecution of Trump campaign manager Paul Manafort, FARA has become more of a focus for federal prosecutors. As a result, white-collar attorneys have been consulted more often about whether particular conduct requires registration under the Act.