Law.com Subscribers SAVE 30%
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
In the Courts
Crawford Violation Not Harmless in Securities Fraud Where Intent Is Paramount
In United States v. Becker, 06-1274-cr, 2007 WL 2669604, (2d Cir. Sept. 13, 2007), consistent with its holding in United States v. McClain, 377 F.3d 219, 221-22 (2d Cir. 2004), the Second Circuit held that admission of co-conspirator plea allocutions without the opportunity for cross examination violates a defendant's Sixth Amendment confrontation right under the U.S. Supreme Court decision in Crawford v. Washington, 541 U.S. 36 (2004). However, Becker is noteworthy because of the highlighted role that the willful requirement of securities fraud played in the court's harmless error standard analysis, and its ultimate decision to affirm the lower court's judgment vacating the conviction. The court's reasoning is also instructive in arguing the willful-intent element of securities fraud, and is an artful lesson in distinguishing securities fraud actions from general criminal precedent.
This premium content is locked for Entertainment Law & Finance subscribers only
ENJOY UNLIMITED ACCESS TO THE SINGLE SOURCE OF OBJECTIVE LEGAL ANALYSIS, PRACTICAL INSIGHTS, AND NEWS IN ENTERTAINMENT LAW.
- Stay current on the latest information, rulings, regulations, and trends
- Includes practical, must-have information on copyrights, royalties, AI, and more
- Tap into expert guidance from top entertainment lawyers and experts
Already a have an account? Sign In Now Log In Now
For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473
The DOJ's Corporate Enforcement Policy: One Year Later
The 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.
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.
How AI Has Affected PR
When we consider how the use of AI affects legal PR and communications, we have to look at it as an industrywide global phenomenon. A recent online conference provided an overview of the latest AI trends in public relations, and specifically, the impact of AI on communications. Here are some of the key points and takeaways from several of the speakers, who provided current best practices, tips, concerns and case studies.
New York's Latest Cybersecurity Commitment
On Aug. 9, 2023, Gov. Kathy Hochul introduced New York's inaugural comprehensive cybersecurity strategy. In sum, the plan aims to update government networks, bolster county-level digital defenses, and regulate critical infrastructure.