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A defendant who pleads guilty is usually required to waive a host of constitutional and statutory rights, such as the right to a jury trial, the right to confront and cross-examine adverse witnesses, the right to testify and present evidence. Fed. R. Crim. P. 11(b). By necessity, a defendant who wishes to gain the potential sentencing benefits of pleading guilty must waive these trial rights. However, many defendants are also required to waive their right to appeal in order to receive a favorable plea agreement with the government. In federal court, these agreements typically require the waiver of the right to appeal when the sentence is within or below an agreed-upon range. In addition, only with the consent of the government and the court may a defendant enter a conditional plea in federal court and thereby reserve the right to appeal an adverse determination of a pretrial motion (such as a suppression motion or a motion in limine). Fed. R. Crim. P. 11(a)(2).
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By Harry Sandick and Sarah Hardtke
The guidance mirrors the recent, broader impulse among U.S. prosecutors and regulatory agencies to extend application of U.S. law to foreign persons and entities, even when those persons and entities have only threadbare connections to the U.S.
By Jonathan B. New, Patrick T. Campbell and Rachel H. Ofori
Because PR firms may be considered third parties for privilege purposes, it is crucial that communications between a company’s counsel and its PR firm are handled with care to avoid waiving the attorney-client privilege.
Navigating the SEC’s New Cybersecurity Disclosure Rules
By Olivia J. Greer, Catherine Kim and Jeeyoon Chung
With the first cybersecurity rule for public companies, and the landscape of ongoing scrutiny and enforcement, SEC registrants should not lose time in reviewing their cybersecurity postures and policies to ensure compliance and, even ahead of formal adoption of certain still-pending rules, align with best practices.
Understanding the Difference Between Advocacy and Obstruction When Facing Government Investigations
By Christopher D. Carusone
Corporate counsel must understand the difference between advocacy and obstruction when facing government investigations.