Features
Second Circuit Ruling on Personal Benefit Test Widens Scope of Criminal Insider Trading
The holding in Blaszczak significantly widens the scope of criminal insider trading. It also creates the anomaly of extending the criminal law beyond the SEC's civil enforcement authority.
Features
SCOTUS Set to Address Circuit Split in Interpreting CFAA
The Computer Fraud and Abuse Act (CFAA) is the sort of broadly worded criminal statute which gives white-collar prosecutors considerable power — and makes defense counsel and judges uneasy. The meaning of "or exceed[ing] authorized access" is not so clear.
Features
Corporate Compliance Programs and the DOJ's Emphasis on Data Analytics: What Companies Need to Consider
In recent months, the U.S. Department of Justice has raised expectations for companies to use data analytics to monitor the effectiveness of their compliance programs and to identify potential misconduct.
Features
Fall 2020 Data Privacy Updates
America and the EU continue altering data privacy frameworks for businesses.
Features
No 'Fishing' In Trump Tax Return Case
"Give a man a fish, and you feed him for a day. Teach a man to fish, and you feed him for a lifetime." Judge Victor Marrero, writing in a decision dismissing the President's civil suit under the Civil Rights Act, neither gives a fish, nor teaches how to fish — rather he explains what fishing is.
Features
The 'Right to Control' Wire Fraud Theory Should Be Eliminated
In recent decades, federal fraud prosecutions have relied on the theory that a defendant can fraudulently deprive a victim of the intangible "right to control" its assets, even if the victim is not deprived of any tangible money or property. While this theory has been repeatedly affirmed by the Second Circuit, it is incompatible with a series of recent Supreme Court cases in which the Court has narrowed the scope of federal white-collar criminal statutes by adopting narrow definitions of the term "property."
Features
Don't Set It & Forget It: The Importance of Evaluating & Evolving Healthcare Compliance Programs
The federal government won or negotiated over $2.6 billion in healthcare fraud judgments and settlements in 2019. The government's investment of resources toward combatting fraud, waste and abuse in healthcare can be expected to continue in full force, irrespective of a change in political administration. Accordingly, it is important for healthcare companies to focus on maintaining flexible and effective compliance programs.
Features
DOJ's China Initiative Poses Growing Risks for Those with Chinese Ties
In the two years since it's unveiling, the Initiative has expanded its scope from prosecutions of individuals suspected of stealing for China to those who simply have Chinese ties. The department is now increasing its mission to investigate individuals who are merely associated with Chinese recruitment programs.
Features
Ninth Circuit Upholds Most FCC Restrictions on Local Government Review of Wireless Installations
The Ninth Circuit Court of Appeals' recent decision in City of Portland v. Unites States significantly affects the ability of local governments to regulate the installation of so called "small cell" wireless facilities and addresses the ability of wireless providers to utilize utility poles.
Features
COVID Shutdown Orders v. Statutory Rent Obligations
Even though payment of post-petition rent under a nonresidential lease (prior to rejection) has historically been an absolute requirement, bankruptcy courts, as courts of equity, have the ability during these extraordinary times to take a more flexible approach.
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