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Limiting the Extraterritorial Reach of U.S. Criminal Law

October 29, 2008

The Eleventh Circuit recently vacated two defendants' money-laundering sentences because it found that they had "committed no crime against the United States." An in-depth look at Lopez-Vanegas.

FCPA Due Diligence and Data Privacy Laws

October 29, 2008

As Russia, China, India and a host of other countries open their doors to U.S. investors, the number of companies and individuals who need to think about the risk of prosecution under the Foreign Corrupt Practices Act of 1997 (FCPA) has increased tremendously. This article explains.

Business Crimes Hotline

September 24, 2008

State rulings of interest.

In the Courts

September 24, 2008

Recent rulings of interest to you and your practice.

Reducing White-Collar Sentences Through the Second Chance Act

September 24, 2008

An analysis of the Second Chance Act of 2007, Pub. L. No. 110-199, 122 Stat. 657 (2008), which provides opportunities for white-collar offenders to reduce the amount of time spent in prison.

New DOJ Guidelines on Prosecuting Businesses

September 24, 2008

After much pressure from the defense bar, the judiciary and Congress, the DOJ issued new guidelines on prosecuting businesses on Aug. 28, 2008. A close look at the fine print, however, shows that not much has changed.

The KPMG Tax Shelter Case and the Right Against Self-Incrimination

September 24, 2008

In a much anticipated opinion, the Second Circuit has affirmed the dismissal of an indictment against 13 former partners and employees of the accounting firm KPMG, who were charged with creating fraudulent tax shelters. United States v. Stein. This article discusses the case in depth.

Business Crimes Hotline

August 27, 2008

National rulings of interest to you and your practice.

In the Courts

August 27, 2008

Recent rulings you need to know.

The Money Laundering Hammer

August 27, 2008

The federal government has wielded the money laundering statutes, 18 U.S.C. '' 1956 and 1957, to great effect in various cases due to their breathtaking sweep, jury appeal, and severe sentencing enhancement under the federal Sentencing Guidelines. The Supreme Court's recent ruling in United States v. Santos may undermine the feds' use of this weapon.

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Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
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The DOJ's New Parameters for Evaluating Corporate Compliance Programs
The 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.
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Use of Deferred Prosecution Agreements In White Collar Investigations
This 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.
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The DOJ's Corporate Enforcement Policy: One Year Later
The 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.
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Artificial Intelligence
Disney-OpenAI’s Sora Deal: What it Signals for Licensing and Responsible AI
The Walt Disney Co.’s newly announced, three-year licensing agreement with OpenAI to bring more than 200 characters from Disney, Marvel, Pixar and Star Wars to Sora marks a pivotal moment at the intersection of intellectual property and generative AI. For rights holders, platforms, and brands, the deal illustrates an emerging blueprint for commercializing iconic IP in AI-native formats while attempting to manage legal, regulatory, and reputational risk.
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