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Since the 1980s, the U.S. Supreme Court has sought to clarify the boundaries of federal bribery and corruption law. The overall effect has been to complicate, perhaps even curtail, such prosecutions. This pattern began with McNally v. United States, 483 U.S. 350 (1987), which limited the scope of the mail/wire fraud statutes, and continued after Congress enacted the “honest services” statute (18 U.S.C. §1346), through Skilling v. United States, 561 U.S. 358 (2010), McDonnell v. United States, 579 U.S. 550 (2016), Kelly v. United States, 590 U.S. —, 140 S. Ct. 1565 (2020), and last term in Ciminelli v. United States, 598 U.S. 306 (2023) and Percoco v. United States, 598 U.S. 319 (2023).
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By Harry Sandick and Sarah Hardtke
The guidance mirrors the recent, broader impulse among U.S. prosecutors and regulatory agencies to extend application of U.S. law to foreign persons and entities, even when those persons and entities have only threadbare connections to the U.S.
By Jonathan B. New, Patrick T. Campbell and Rachel H. Ofori
Because PR firms may be considered third parties for privilege purposes, it is crucial that communications between a company’s counsel and its PR firm are handled with care to avoid waiving the attorney-client privilege.
Navigating the SEC’s New Cybersecurity Disclosure Rules
By Olivia J. Greer, Catherine Kim and Jeeyoon Chung
With the first cybersecurity rule for public companies, and the landscape of ongoing scrutiny and enforcement, SEC registrants should not lose time in reviewing their cybersecurity postures and policies to ensure compliance and, even ahead of formal adoption of certain still-pending rules, align with best practices.
Understanding the Difference Between Advocacy and Obstruction When Facing Government Investigations
By Christopher D. Carusone
Corporate counsel must understand the difference between advocacy and obstruction when facing government investigations.
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