United States v. Cuti and Lay/Fact Witness Opinion Testimony
By Stanley A. Twardy Jr. and Daniel E. Wenner – December 18, 2013
Second Circuit rules on "what-if-you-had-known" questions posed to accountants called as fact witnesses but not as expert witnesses.
Introducing Email Evidence at Trial
By Ryan Malkin – December 18, 2013
It is more than likely that emails were sent or received that will assist you at trial.
Conscious Avoidance as a Basis for Criminal Supervisory Liability: A Viable Theory?
By Joseph W. Martini and Melissa Fernandez – October 9, 2013
Recent charges indicate that prosecutors may seek to expand the use of conscious avoidance to hold supervisors liable for an increasing range of criminal liability.
What the Holder Memo on Mandatory Minimum Drug Sentences Means
By Darren M. Gelber – October 9, 2013
It is essential that federal criminal defense attorneys assess and assemble as much information as possible on the defendant's criminal history.
Glitches Within the CFAA's "Exceeds Authorized Access" Language
By Aaron M. Danzig and Matthew A. S. Esworthy – October 9, 2013
Defendants facing charges under the Computer Fraud and Abuse Act are affected by differing interpretations of a specific provision.
The Intersection of Off-Label Promotion and Free Speech
By Gerard T. Leone Jr., Hannah Bornstein, and Conor S. Harris – October 9, 2013
First Amendment protection may extend to "truthful" off-brand promotional activities, but the issue then becomes what qualifies as "truthful."
First Federal Charges Brought Following Referral from CFPB
By Jill Baisinger and Erin Yates – June 12, 2013
The first indictment has been brought stemming from the controversial bureau created by the Dodd-Frank Act of 2010.
FCPA, Due Process, and Jurisdictional Overreach by the DOJ and SEC
By Bruce J. Casino and Scott Maberry – June 12, 2013
The FCPA itself and due-process concerns likely limit the statute's expanded extraterritorial reach.
The LIBOR Cases: A New Prosecutorial Model?
By Ari D. MacKinnon – June 12, 2013
Corporate entities and defense attorneys alike should be on guard for a shift away from the DPA/NPA model.
Challenging Indictments Without Appearing in the United States
By Kimberly Murphy – June 12, 2013
Is there an out for foreign criminal defendants?
Federal Contractors Face Increased Risk of Suspension and Debarment
By Jason M. Silverman and Felicia C. Quentzel – June 12, 2013
What suspension and debarment are, why you should be concerned, and what to do about it.
Punxsutawney Phil and the Whole Truth
By Mark L. Greenblatt – June 12, 2013
How true statements, blank spaces on forms, and half-truths constitute false statements under 18 U.S.C. § 1001.
Best Practices for Advising Clients on Cyber-Security
By Amanda Marie Baer and Kenneth C. Pickering – March 13, 2013
Checklists for guarding against and responding to a data breach.
Financial-Fraud Enforcement on the Rise
By Laura O. Robinson – March 13, 2013
Trends show that the SEC, DOJ, and FBI will continue to increase their focus on financial-fraud enforcement in 2013.
The CFTC's New Era of Aggressive Enforcement
By Vasu B. Muthyala and Laura L. Conn – March 13, 2013
Recent provisions in the Dodd-Frank Act have expanded the CFTC's enforcement opportunities and have brought on increased enforcement actions.
What's in the New FCPA Guide
By Bruce. J. Casino and Scott Maberry – March 13, 2013
Highlights from the 120-page Foreign Corrupt Practices Act Guide published by the DOJ and SEC.