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We have previously joined the widespread prognostication about what the advent of the Supreme Court’s new majority may mean for the evolution of the law. (See, Anello and Albert, “Implications of a More Conservative Supreme Court for White-Collar Practitioners,” in the December 2020 issue of Business Crimes Bulletin). Although it is too early to render judgment, the court’s June 3, 2021 decision in Van Buren v. United States, 141 S. Ct. 1648 (2021), one of Justice Amy Coney Barrett’s first majority opinions and her first addressing criminal law as a member of the court, provides some clues. In narrowly construing a provision of the Computer Fraud and Abuse Act of 1986 (CFAA) to avoid criminalizing “a breathtaking amount of commonplace computer activity,” Justice Barrett’s opinion likely will be welcomed by those concerned about overcriminalization and untethered prosecutorial discretion in the federal system.
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By David P. Saunders
Internal corporate investigations can be, and frequently are, privileged. However, it is difficult to square that concept with the recent spate of federal court opinions that have concluded that cybersecurity forensic reports generally are not privileged.
By Elkan Abramowitz and Jonathan S. Sack
This article discusses whether disclosures made when a subject of a government investigation borrows money or sells all or part of its business are protected from discovery on the basis of the attorney-client privilege and pursuant to the common interest doctrine.
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.
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.