The Van Buren decision fits into a pattern of the court's modern criminal law jurisprudence that appears motivated by concerns about the ever-expanding reach and severity of federal criminal law.
- October 01, 2021Robert J. Anello and Richard F. Albert
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks now target the critical infrastructure of the most powerful country on the planet.
September 01, 2021Emil SayeghAnswering 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 CohenOne 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. Welsh











