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Features

2 U.S. Law Firms Among Cybercrime Victims Image

2 U.S. Law Firms Among Cybercrime Victims

Patrick Smith

<b><i>Because They Often Possess Valuable Information on a Variety of Companies and Individuals, Law Offices Continue to Be a Favorite Target for Hackers</b></i><p>The DOJ said that two U.S.-based law firms were among the victims of a “complex transnational organized cyber-crime network” that has been taken down.

Features

The Yates Memo is Here to Stay: Signs of Increasing Efforts to Hold Individuals Criminally Liable for Corporate Wrongdoing Image

The Yates Memo is Here to Stay: Signs of Increasing Efforts to Hold Individuals Criminally Liable for Corporate Wrongdoing

Carolyn H. Kendall & Yune D. Emeritz

It is axiomatic that companies cannot do wrong without the actions of individuals. However, the trend over the past few decades, with a few exceptions, has been that individuals generally were not prosecuted for their roles in corporate wrongdoing that harmed the public welfare. However, there appears to be a recent escalation in prosecutions of corporate executives.

Features

How to Respond to a Search Warrant Image

How to Respond to a Search Warrant

Marjorie Peerce & Mark S. Kokanovich

Imagine you are in-house counsel, working on a transactional document, when you receive a breathless call from a manager at one of your warehouses that a search warrant is being executed on the premises. What do you do?

Features

Carrot Replaces Stick: Corporate Crime Enforcement In the Trump Administration Image

Carrot Replaces Stick: Corporate Crime Enforcement In the Trump Administration

Joseph F. Savage, Jr. & Marielle Sanchez

Elections have consequences, and the election of President Trump has resulted in a significant shift in law enforcement priorities. Corporate enforcement activity is at lows not seen in decades, despite an overall increase in federal criminal cases. This is a product of a change in priorities, both in terms of types of offenses and types of offender. So, for the time being, there will be almost unprecedented opportunity to achieve favorable resolutions for corporate clients.

Features

Judicial Skepticism Mounts Over the Use and Reach of Appellate Waivers Image

Judicial Skepticism Mounts Over the Use and Reach of Appellate Waivers

Harry Sandick & Danielle Quinn

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. However, many defendants are also required to waive their right to appeal in order to receive a favorable plea agreement with the government.

Features

Should Trump's Foreign Policy Affect Criminal Prosecutions? Image

Should Trump's Foreign Policy Affect Criminal Prosecutions?

Robert J. Anello & Kostya Lantsman

Business has gone global. So too has business-related crime. In the interconnected business environment, white-collar criminal investigations and prosecutions frequently present cross-border issues and affect U.S. foreign relations. Indeed, in some recent high-profile cases, the Trump administration has implied that it sees law enforcement — or the lack of it — as one of the tools in its foreign policy arsenal.

Features

Fighting Biometric Fraud on the Blockchain Image

Fighting Biometric Fraud on the Blockchain

Alastair Johnson

The use of SMS verification codes as a security measure has recently been exposed as a mere stop-gap solution because of the ability of hackers to fraudulently take over phone numbers. Biometrics meanwhile is proving to be one of the best new technologies to combat fraud and identity theft.

Features

10 Common Mistakes When Dealing With DOJ Antitrust Criminal Prosecutors Image

10 Common Mistakes When Dealing With DOJ Antitrust Criminal Prosecutors

Eric M. Meiring

Corporate counsel should be aware of the following 10 common mistakes that practitioners make when representing clients in criminal antitrust matters.

Features

Confronting the Company: Corporate Guilty Pleas as Evidence in Criminal Trials Image

Confronting the Company: Corporate Guilty Pleas as Evidence in Criminal Trials

William F. Johnson

This article reviews the history of the admission of individual co-conspirator plea allocutions in criminal cases and discuss why the admission of a corporate guilty plea, despite the opportunity to cross-examine a corporate employee who signed the plea agreement, does not provide the type of cross-examination guaranteed by the Confrontation Clause.

Columns & Departments

Business Crimes Hotline Image

Business Crimes Hotline

Colleen Snow

Changes to Yates Memo Announced

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