Features
Decriminalized Marijuana and the Promise of Legal Profits
Pressure is building on federal, state and local governments to reconsider the criminal laws regarding marijuana and to allow interests as diverse as medical research, business entrepreneurs, and tax authorities to benefit from the new legal marijuana industry.
Looking Before You Leap in International Investigations
International investigations are now commonplace for many white-collar criminal defense lawyers and, very often, these investigations will implicate foreign data privacy regimes, both entrenched and emerging.
Features
Turbulence Continues in Safe Harbors
Two recent decisions demonstrate how courts are applying the so-called safe harbor provisions contained in the Bankruptcy Code to a variety of different factual circumstances.
Features
SDNY Bankruptcy Court Allows Unamortized Original Issue Discount As a Claim
The Bankruptcy Court for the Southern District of New York recently held that unamortized interest associated with original issue discount originating from a fair market value exchange constitutes an allowed bankruptcy claim.
Columns & Departments
Business Crimes Hotline
A look at a key case from Virginia.
Columns & Departments
In the Courts
In-depth analysis of a recent important ruling.
Features
Supreme Court Hears Challenge to Fraud-on-the-Market Presumption in Securities Fraud Litigation
Although a shareholder cause of action for fraud on the market is a civil claim, it is one that often follows criminal claims brought against a corporation and/or its officers or employees. Therefore, the outcome in the U.S. Supreme Court case, <I>Halliburton v. Erica P. John Fund</I>, discussed herein, should be of interest to attorneys concentrating their practices in the field of business crimes.
Features
<i>BREAKING NEWS:</i> Ex-Dewey Leaders Charged With Fraud, Theft
Following a nearly two-year investigation that began as Dewey & LeBoeuf spiraled toward death, its former chairman, Steven Davis; its former executive director, Stephen DiCarmine; and its ex-chief financial officer, Joel Sanders, were accused on March 6 of "concocting and overseeing a massive effort to cook the books" at the firm.
Features
Commemorative Ad Isn't Protected Free Speech
Entertainment trade publications often compile special issues and sections that include tribute ads commemorating celebrated individuals and events. The U.S. Court of Appeals for the Seventh Circuit weighed in on the practice in the context of free speech regarding an ad in a special issue of the consumer imprint <i>Sports Illustrated</i>.
Ninth Circuit Upholds WA State Publicity Rights Amendment
The U.S. Court of Appeals for the Ninth Circuit upheld the constitutionality of Washington's publicity rights law in a trademark dispute over the rights to singer and guitarist Jimi Hendrix's name and likeness.
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- The DOJ's New Parameters for Evaluating Corporate Compliance ProgramsThe parameters set forth in the DOJ's memorandum have implications not only for the government's evaluation of compliance programs in the context of criminal charging decisions, but also for how defense counsel structure their conference-room advocacy seeking declinations or lesser sanctions in both criminal and civil investigations.Read More ›
- The DOJ's Corporate Enforcement Policy: One Year LaterThe DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.Read More ›
- Use of Deferred Prosecution Agreements In White Collar InvestigationsThis article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.Read More ›
- Questions Every Law Firm Business Development Leader Should Be AskingIn a legal marketplace transformed by technology, heightened client expectations, and fierce competition, law firm leaders must approach strategy with rigor and clarity. The following questions, accompanied by relevant statistics and explanations, offer a focused guide for uncovering opportunity and driving sustainable growth.Read More ›
