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The Criminal Division's Enforcement Policy: What's New for Companies Deciding Whether to Voluntarily Disclose? Image

The Criminal Division's Enforcement Policy: What's New for Companies Deciding Whether to Voluntarily Disclose?

Jacqueline C. Wolff

Since the DOJ announced a new policy under which companies that voluntarily disclosed violations of the Foreign Corrupt Practices Act has attempted to encourage companies to voluntarily disclose all manner of criminal misconduct beyond violations of just the FCPA, while general counsels worldwide have been wrestling with the question of whether and when it is in the company's best interest to so disclose.

Features

How to Diversify the Pool of Inventors — and Improve Innovation Image

How to Diversify the Pool of Inventors — and Improve Innovation

Christine E. Hollis, Jonathan C. Hughley & David C. Read

Efforts to diversify the inventive population will not only foster innovation across a wide range of businesses and industries but will also help greatly expand the pool of inventors across racial, gender and ethnic categories, and the country as a whole will realize numerous benefits.

Features

SEC to Continue to Punish Wrongdoers and Deter Misconduct Image

SEC to Continue to Punish Wrongdoers and Deter Misconduct

Jonathan H. Hecht & Emily S. Unger

The Division of Enforcement will likely continue to use "every tool in its toolkit" and expect that public companies and other market participants will think rigorously about their business and appropriately tailor compliance practices and internal controls and policies to match.

Features

Fifth Circuit Adds Color to Abstention Issue Image

Fifth Circuit Adds Color to Abstention Issue

Francis J. Lawall & Brenden Dahrouge

Rules Bankruptcy Court Lacked Jurisdiction to Decide State-Governed Question Jurisdictional boundaries within the federal system as between bankruptcy and district courts as well as various federal agencies can be a maze that is at times nearly impossible to navigate. Further complicating matters are those cases involving state-regulated issues that add abstention to the mix.

Features

The Impact of Fed Rate Hikes on CRE Financing Image

The Impact of Fed Rate Hikes on CRE Financing

Erik Sherman

When experiencing pain, the natural human response is to ask when it might stop. That is what commercial real estate, among other industries, have been doing. When will inflation end and the Federal Reserve stop hiking rates?

Features

Circuit Split Reflects Disagreement About the Relationship Between Scheme Liability and SEC Rule 10b-5(b) Image

Circuit Split Reflects Disagreement About the Relationship Between Scheme Liability and SEC Rule 10b-5(b)

Stefan Atkinson & Yi Yuan

Historically, federal courts generally agreed that scheme liability under SEC Rule 10b-5(a) and (c) requires something more than a misstatement or omission — with misstatements and omissions typically being litigated under Rule 10b-5(b) instead. However, the SCOTUS in Lorenzo v. SEC held that an individual who disseminates a misstatement, without other fraudulent conduct, is potentially liable under the scheme liability provisions of Rule 10b-5. Subsequently, a circuit split has emerged over the scope of Lorenzo's holding.

Features

How the Changing Concept of 'Work' May Jeopardize Employers' IP Ownership Image

How the Changing Concept of 'Work' May Jeopardize Employers' IP Ownership

Sarah Schaedler & Jennifer T. Criss

A key step to ensure that employers own their intellectual property is having employees sign agreements which assign to the employer all intellectual property created in the course of employment.

Features

Second Circuit Narrows Reach of Wire Fraud and Insider Trading Prohibitions Image

Second Circuit Narrows Reach of Wire Fraud and Insider Trading Prohibitions

Harry Sandick, Anna Blum & Abigail Marion

The Second Circuit's long-anticipated decision in United States v. Blaszczak limits the government's ability to bring fraud or insider trading prosecutions where the information used to achieve an advantage is regulatory information held by the government. It also brings the Second Circuit in greater alignment with the Supreme Court's wire fraud jurisprudence.

Features

Online Extra: Live Nation Taps Prominent Antitrust Attorney Ahead of Congressional Showdown Image

Online Extra: Live Nation Taps Prominent Antitrust Attorney Ahead of Congressional Showdown

Chris O'Malley

Girding itself for scrutiny by Congress and regulators over anti-competitive concerns, Live Nation Entertainment has retained prominent antitrust attorney-turned-lobbyist Seth Bloom.

Features

Regulators Reaching Deep In Their Toolbox to Prosecute Users of Encrypted Messages Image

Regulators Reaching Deep In Their Toolbox to Prosecute Users of Encrypted Messages

Andrey Spektor & Laura S. Perlov

If you use Whatsapp or similar platforms for work-related communications, then you've probably heard that regulators are putting an end to that practice. Ephemeral and encrypted messaging, they have noted, evades monitoring and prevents retention. A seldom used doctrine allows prosecutors to charge executives with misdemeanor offenses just for being in the position of power when others commit the misconduct. Rather than take a wait-and-see approach, companies and their leaders would do well to prepare for prosecutors to reach deep into their toolbox.

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