Answering that question will force defendants facing SEC enforcement actions to focus on demonstrating the legitimacy of expenses in developing their litigation strategies.
September 01, 2021Jorge deNeve, Michael Simeone and David Cohen
One provision of the AMLA was added with little fanfare and minimal discussion, yet it could have a significant impact on foreign financial institutions doing business in the United States.
September 01, 2021Lanier Saperstein and Samuel HickeySecretly recording conversations or interviews is a dirty business, and it is almost never conducted by the government with the best interests of the witness in mind.
September 01, 2021Joel CohenA Q&A with Bobby Malhotra, Munger, Tolles & Olson LLP, Los Angeles
August 01, 2021Nicholas GaffneyThe landscape of corporate investigations has changed dramatically in the last year. New regulations, new market pressures, new data sources and more challenging…
August 01, 2021Colin Jennings, David Meadows, Nicole Wells and John WinklerThis 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.
August 01, 2021Elkan Abramowitz and Jonathan S. SackThe Court held that only those who obtain information from particular areas of the computer which they are not authorized to access can be said to "exceed authorization."
July 01, 2021Patricia Kim and Maren MessingFor decades the SEC and the Department of Justice, with the endorsement of federal judges, have used the general securities fraud statutes to patch together a complex and problematic insider trading common law. After years of criticism, however, that could now be changing.
July 01, 2021David L. Axelrod and Hannah L. WelshWhen law enforcement seeks to compel a subject to provide a passcode to allow them to rummage through a cellphone, courts have not spoken with a unified voice. Some, including New Jersey's highest court, have arrived at the dubious conclusion that requiring an individual to communicate cellphone passcodes to the government does not warrant Fifth Amendment protection. Commentators had hoped that the U.S. Supreme Court would reject that expansive view, however, the Supreme Court declined to wade in, seemingly guaranteeing that continued uncertainty on this critical issue will continue to bedevil criminal practitioners.
July 01, 2021Robert J. Anello and Richard F. AlbertThe U.S. Court of Appeals for the Second Circuit signaled last month that it may fully address, for the first time, the question of whether a decades-old change to federal law rendered a commonly used tool for extending U.S. Securities and Exchange Commission investigations unenforceable in federal court.
July 01, 2021Tom McParland
