Features

Are Government Investigation Disclosures Protected Under the Common Interest Doctrine?
This article discusses whether disclosures made when a subject of a government investigation borrows money or sells all or part of its business are protected from discovery on the basis of the attorney-client privilege and pursuant to the common interest doctrine.
Features

Van Buren Continues Supreme Court's Pattern of Statutory Interpretation to Avoid Criminalizing Trivial Acts
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.
Features

Strategy vs. Tactics: Two Sides of a Difficult Coin
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.
Features

How Will Courts Determine Business Expense Legitimacy Under SEC's New Disgorgement Authority?
Answering that question will force defendants facing SEC enforcement actions to focus on demonstrating the legitimacy of expenses in developing their litigation strategies.
Features

Mutual Legal Assistance Treaties Are Best Option for International Subpoenas
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.
Features

Government Secret Recording of Interviews Rarely In Best Interests of Witness
Secretly 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.
Features

Sorting Through the Trump Financial Documents: How Prosecutors Will Search for Clues
A Q&A with Bobby Malhotra, Munger, Tolles & Olson LLP, Los Angeles
Features

Best Practices for Investigations In Remote Environments
The landscape of corporate investigations has changed dramatically in the last year. New regulations, new market pressures, new data sources and more challenging…
Features

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.
Features

Supreme Court Narrowly Interprets CFAA to Avoid Criminalizing 'Commonplace Computer Activity'
The 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."
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