Features
Do Your Employment Practices Violate Antitrust Law?
This article provides critical background on DOJ policy and practice, and highlights some of the steps corporate counsel can take during leniency or plea negotiations to secure non-prosecution protection for the company's employees as part of any antitrust corporate disposition.
Features
Preet Bharara Highlighted Insurance Fraud
Over nearly eight years as U.S. Attorney for the Southern District of New York, Preet Bharara became recognized as a powerful prosecutor in many areas, including government corruption and white-collar crime. Another subject for which he certainly deserves mention is his strong record helping to fight insurance fraud in New York.
Columns & Departments
In the Courts
Recently, the Ninth Circuit set aside the convictions of Walter Liew, a Chinese-American engineer, for witness tampering and making false statements to the court. Here's an in-depth look at the case.
Features
The Arrival of Justice Gorsuch May Bring Opportunity to Reform the Collective Entity Doctrine
Recognizing a Fifth Amendment privilege for corporations — whether through wholesale abolition of the collective entity doctrine or by recognizing some limited exception for custodians of smaller corporations — would not foreclose meaningful white-collar prosecutions, but it would restore protection of the Fifth Amendment rights of individuals who are sacrificed under the current bright-line rule. Will Justice Gorsuch help in this endeavor?
Columns & Departments
In the Courts
Judge Rules Wal-Mart In-House Investigator's Findings Not Privileged On May 5, Judge Susan O. Hickey of the Western District of Arkansas granted investors'…
Columns & Departments
Business Crimes Hotline
NORTH CAROLINANine Individuals Now Indicted for $2.5 Million Investment Fraud SchemeOn April 27, a Western District of North Carolina grand jury…
Features
A 'Loss' Under the CFAA Does Not Require Interruption of Service
<b><I>What Federal Appellate Courts Agree Upon with Regard to the CFAA</I></b><p>Under the Computer Fraud and Abuse Act (CFAA), 18 U.S.C. § 1030, which was originally enacted in 1984 to address "computer crime," the success of CFAA claims can sometimes ride on whether "authorization" connotes restrictions only on the access to information, and not restrictions on its use. This article focuses on what federal appellate courts agree upon with regard to the text of the CFAA.
Columns & Departments
In the Courts
Discussion of a ruling in which the Third Circuit Third affirmed the conviction and 42-month sentence of a man convicted in a PA bribery case.
Columns & Departments
Business Crimes Hotline
Analysis of a major penalty against a Chinese telecom company.
Features
The Growing Convergence of Cyber-Related Crime and Suspicious Activity Reporting
Regulators and law enforcement are taking proactive steps to further leverage anti–money-laundering monitoring and reporting tools in their battle with cyber attacks and cyber crimes. In-house legal and compliance teams need to be fully versed in the latest FinCEN and bank regulatory guidance on cyber-related crimes and have the right professionals available to assist them with these matters.
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MOST POPULAR STORIES
- The DOJ's New Parameters for Evaluating Corporate Compliance ProgramsThe parameters set forth in the DOJ's memorandum have implications not only for the government's evaluation of compliance programs in the context of criminal charging decisions, but also for how defense counsel structure their conference-room advocacy seeking declinations or lesser sanctions in both criminal and civil investigations.Read More ›
- Use of Deferred Prosecution Agreements In White Collar InvestigationsThis 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.Read More ›
- Bankruptcy Sales: Finding a Diamond In the RoughThere is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.Read More ›
- The DOJ's Corporate Enforcement Policy: One Year LaterThe DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.Read More ›
- Restrictive Covenants Meet the Telecommunications Act of 1996Congress enacted the Telecommunications Act of 1996 to encourage development of telecommunications technologies, and in particular, to facilitate growth of the wireless telephone industry. The statute's provisions on pre-emption of state and local regulation have been frequently litigated. Last month, however, the Court of Appeals, in <i>Chambers v. Old Stone Hill Road Associates (see infra<i>, p. 7) faced an issue of first impression: Can neighboring landowners invoke private restrictive covenants to prevent construction of a cellular telephone tower? The court upheld the restrictive covenants, recognizing that the federal statute was designed to reduce state and local regulation of cell phone facilities, not to alter rights created by private agreement.Read More ›
