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Federal Crackdown on Hoarding and Gouging During COVID-19 Crisis
May 01, 2020
Storage and Hauling Companies Take Note Imagine that it's Spring 2020 and you run a warehousing company and you discover that your warehouse contains containers of goods that could help combat the spread of the COVID-19 virus — masks, medical gowns, gloves or other personal protective equipment (PPE). Or imagine you own a trucking company and learn that your drivers are delivering pallets of hand sanitizer and disinfectants to a residential address. What, if any, liability might you have if it turns out a customer is hoarding PPE?
Cutting Off the Stream: How United States v. Silver Affects "Stream of Benefits" or "Retainer" Bribery
May 01, 2020
Although the court stressed that, by vacating certain of former NY State Assembly Speaker Sheldon Silver's counts of conviction, it was clarifying and not altering the "as opportunities arise" theory, it nevertheless emphasized that this theory requires particularity with respect to the "question or matter" that is the subject of the bribe payor and recipient's corrupt agreement.
Conducting Internal Investigations During the COVID-19 Pandemic
April 01, 2020
In times of crisis, criminal activity — particularly crimes involving theft and fraud — tend to spike. There is no reason to believe that the Covid-19 pandemic and the unrest in the financial markets will be any different. An important difference for company counsel, however, will be in how the malfeasance, negligence or wrongdoing can be investigated.
Force Majeure and the Doctrine of Impossibility
April 01, 2020
The COVID-19 pandemic is resulting in landlords and tenants closely reviewing a clause in their lease that was long considered unimportant boilerplate. Yes, we are referring to the "force majeure" provision.
New Normal Sets In for White-Collar Lawyers in the Virus Era
April 01, 2020
In a practice that prizes in-person meetings, virtual communication has become commonplace.
The Importance of 'Particulars' in Criminal Fraud Cases
April 01, 2020
This article discusses the standard for ordering a bill of particulars in the Second Circuit, drawing a comparison with the standard for civil fraud claims, and then describes a recent decision ordering a bill of particulars in the high-profile prosecution growing out of the Theranos blood-testing scandal. The decision in that case highlights the importance of seeking bills of particulars in fraud cases.
Attorney Proffers: Practical Considerations and Some Law Too
March 01, 2020
Handled with care, an attorney proffer can provide a critical opportunity to gauge a prosecutor's reaction while limiting the risk of compromising the client's potential defense at trial.
Agency: A New Frontier for FCPA Jurisdiction
March 01, 2020
The Hoskins case highlighted the manner by which the DOJ (and the SEC, which has civil enforcement jurisdiction under the FCPA) can harness the common-law doctrine of agency to expand the reach of the statute.
Stockholder Derivative Litigation Update
March 01, 2020
The Delaware Court of Chancery recently addressed a nearly unprecedented issue: the discovery and privilege implications of a special litigation committee's (SLC) decision to hand over control of a company claim to a stockholder derivative plaintiff who initiated the claim and survived a motion to dismiss.
SEC Proposes Changes to Accredited Investor Definition
March 01, 2020
The definition of "accredited investor" uses income and net worth thresholds to identify natural persons as accredited investors.

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