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In Honeycutt v. United States, 137 S. Ct. 1626 (2017), the U.S. Supreme Court ruled that co-conspirators convicted of federal narcotics violations could not be held jointly and severally liable for any criminal forfeiture judgment ordered in the case. Departing from years of past practice, the court held that forfeiture under the relevant drug statute instead would be limited solely to any property that a particular defendant actually acquired as a result of his or her participation in the criminal activity. At the time, many in the defense bar welcomed the ruling as a vital limitation on the government’s sweeping ability to strip individual defendants of their assets without regard to their relative culpability.
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Common Pitfalls In Personal Device Collection
By Marjorie Peerce and Marguerite O’Brien
Both the DOJ and the SEC have made it clear that they will look at company BYOD policies when assessing how to resolve matters under their purview. To avoid pitfalls — and sanctions — counsel must take proactive steps to ensure proper preservation and collection of personal mobile data and verify that clients comply.
FCPA Compliance Guidance for Global Businesses
By Cole Callihan
The Biden administration and its Justice Department have established countering corruption as a core U.S. national security interest. Companies with any international operations should ensure they have a robust written policy and compliance program focused on anti-bribery and corruption.
Regulators Want AI Companies to Respect Antitrust and Consumer Protection Laws
By Karen Hoffman-Lent and Kenneth Schwartz
The new era of AI technology has ushered in competition concerns alongside consumer-protection fears. Accordingly, regulators and lawmakers are taking note of the AI craze and are keen on ensuring that companies involved in AI are respecting both antitrust and consumer protection laws.
Will the Corporate Transparency Act Smother the Cannabis Industry?
By Steve Schain
The CTA requires business entities to file information on their “beneficial owners” with FinCEN, which, in turn, may disclose it to domestic and foreign law enforcement agencies, prosecutors, judges and financial institutions.
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