The question of whether an NFT is a security has come up several times, and United States of America v. Chastain in the Southern District of New York brings the dispute back to the forefront.
August 01, 2022Isha Marathe
The purpose behind the Biden Administration's proposals to seize assets of Russian oligarchs is to punish a specific action by a state actor — Russia's invasion of Ukraine. The proposals, however, do not appear to be limited to this conduct alone and would outlast Russia's invasion. In times of war, it at least arguably may be appropriate to pass laws to expand the executive's authority to address specific hostile conduct. Such laws, however, should end with the conflict.
July 01, 2022Robert J. Anello and Richard F. AlbertIn recent years, federal circuit courts of appeals have set forth somewhat different standards that civil FCA complaints brought by private citizens, known as relators, must meet to satisfy Rule 9(b) — especially regarding whether representative examples of allegedly fraudulent claims must be included in a complaint.
July 01, 2022Michael A. SirignanoConsider another paradox of the post-COVID world: The pandemic that initially disrupted federal prosecution of corporations has now heightened potential exposure in a number of areas. This is especially the case for those organizations that took advantage of government aid or today struggle to navigate snarled global supply chains.
July 01, 2022G. Zachary TerwilligerGiven the massive amount of dollars being poured into ESG funds and the SEC's renewed focus on both the funds and the companies in the funds, there is no time like the present for companies to engage in an assessment of their climate risks and how these risks and the status of the companies' ESG goals are being relayed to investors.
June 01, 2022Jacqueline C. WolffHow the government might frame insider trading cases based on allegations of tipping before the execution of block trades in securities.
June 01, 2022Michael Miller and Daniel PodairTo date, cybersecurity has generally been viewed as an organizational responsibility, and data breaches similarly have been treated as organizational weaknesses or failures. Against this backdrop of organizational responsibility, the Department of Justice has brought a noteworthy criminal case against an individual for his personal response to a corporate data breach.
June 01, 2022Jonathan S. Sack and Christopher M. HurleyIn recent years, mostly due to the well-publicized prosecution of Trump campaign manager Paul Manafort, FARA has become more of a focus for federal prosecutors. As a result, white-collar attorneys have been consulted more often about whether particular conduct requires registration under the Act.
May 01, 2022Harry Sandick and George CarotenutoWhen is a doctor a doctor and when is a doctor a drug dealer? In early March, the U.S. Supreme Court heard oral argument in two consolidated cases — Ruan v. United States and Kahn v. United States — to address where that line is drawn.
May 01, 2022By Robert J. Anello and Richard F. AlbertThis article addresses some issues to consider, including foreign arrest procedures, contesting extradition, and engaging with prosecutors before a defendant arrives in the United States.
May 01, 2022Emil Bove
