Features
Recent Decisions Fill Gap In §951 Notification Requirement for Agents of Foreign Governments
The Northern District of Illinois recently issued an opinion which criminalizes acting in the United States as an agent of a foreign government without notifying the attorney general.
Features
Arm Yourself Against Crypto Regulatory Uncertainty
The promise that the crypto and digital assets markets bring comes bundled with uncertainty — especially on the regulatory front. Until jurisdictions adopt unified and consistent frameworks that account for the unique facets and features of cryptocurrencies, institutional investors and other market participants must keep abreast of ever-changing, dynamic laws to avoid sanctions and fines.
Features
Carrots and Sticks: DAG Lisa Monaco Puts Her Stamp on DOJ'S Corporate Criminal Enforcement Policies
Going back many decades, each Deputy Attorney General (DAG) has promulgated revisions to the DOJ's corporate criminal enforcement policies, leaving behind eponymous policy memos that were carefully studied by defense attorneys. Like her predecessors, Deputy Attorney General Lisa Monaco has been quick to announce a series of revisions to DOJ's corporate criminal enforcement policies and practices.
Features
WTF? The Board Weighs In on Failure to Function Refusals
Many trademark practitioners have noted the USPTO's recent penchant for issuing refusals to register trademarks on the ground of failure to function as a trademark. The Trademark Trial and Appeal Board picked a colorful case to set precedent and provide some initial guidance on how it will evaluate failure-to-function refusals going forward.
Features
Criminal Considerations and Federal Authorities In Trade Secrets Disputes
Part Two of a Three-Part Series Part One of this article discussed the passing of the Economic Espionage Act to combat the growing concerns surrounding trade secret theft and the criminal components of trade secret theft. Part Two covers considerations in favor of approaching federal authorities on trade secrets theft.
Features
New Fraud Section Chief Talks Corporate Compliance
After nearly nine years in the private sector, Glenn Leon returned to the U.S. Department of Justice to take over a section that has grown both in staff and in stature as it pursues some of the government's biggest white-collar cases.
Features
The Information Governance Groundhog Day Syndrome
Security and privacy start with good information governance, and for many firms — trying to get their information governance policy implemented feels a lot like Groundhog Day. Yes, the one with Bill Murray. Let's take a closer look.
Features
Compliance for Privacy Officers on the New Canadian Consumer Privacy Protection Act
Part Three In a Series Part Three continues the analysis of new compliance requirements in Canada's new Consumer Privacy Protection Act, including the content of organizational privacy policies and anonymization of personal information policies, and business transaction policies contained in the Act.
Features
Can Regulation Provide Stability Through 'Cryptocurrency Winter'?
It comes as no surprise as we enter the second half of the year that the crypto winter has reinforced the perception of critics that digital currencies are "risky, flawed and unproven digital financial instruments." This article examines the impact of cybercrimes and crypto bankruptcies on the current market.
Features
The Selective Prosecution Defense
This article explores the law on selective prosecution and why, despite the long odds against success, it may still make sense from a defense perspective to assert the claim.
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- Delaware Chancery Court Takes Fresh Look At Zone of InsolvencyOver a decade ago, a Delaware Chancery Court's footnote in <i>Credit Lyonnais Bank Nederland, N.V. v. Pathe Communications</i>, 1991 WL 277613 (Del. Ch. 1991), established the "zone of insolvency" as something to be feared by directors and officers and served as a catalyst for countless creditor lawsuits. Claims by creditors committee and trustees against directors and officers for breach of fiduciary duties owed to creditors have since become commonplace. But in a decision that may have equally great repercussion both in the Boardroom and in bankruptcy cases, the Delaware Chancery Court has revisited zone-of-insolvency case law and limited this ever-expanding legal theory.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 ›
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- Ransomware – COVID-19 & Upgrading Your DefensesIt's pretty shameful that in the current crisis we're seeing ransomware on the rise. It's even more shameful that organizations involved in fighting the virus seem to be especially at risk.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 ›
