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Companies Need to Focus On Compliance to Protect Against Aggressive Post COVID-19 White-Collar Prosecution Image

Companies Need to Focus On Compliance to Protect Against Aggressive Post COVID-19 White-Collar Prosecution

G. Zachary Terwilliger

Consider another paradox of the post-COVID world: The pandemic that initially disrupted federal prosecution of corporations has now heightened potential exposure in a number of areas. This is especially the case for those organizations that took advantage of government aid or today struggle to navigate snarled global supply chains.

Features

Climate Change Risk and Disclosure: A New Focus for SEC Enforcement Image

Climate Change Risk and Disclosure: A New Focus for SEC Enforcement

Jacqueline C. Wolff

Given the massive amount of dollars being poured into ESG funds and the SEC's renewed focus on both the funds and the companies in the funds, there is no time like the present for companies to engage in an assessment of their climate risks and how these risks and the status of the companies' ESG goals are being relayed to investors.

Features

Government Looking Into Insider Trading By Tipping Block Trades Image

Government Looking Into Insider Trading By Tipping Block Trades

Michael Miller & Daniel Podair

How the government might frame insider trading cases based on allegations of tipping before the execution of block trades in securities.

Features

Individual Liability and Criminalizing Cybersecurity Response Image

Individual Liability and Criminalizing Cybersecurity Response

Jonathan S. Sack & Christopher M. Hurley

To date, cybersecurity has generally been viewed as an organizational responsibility, and data breaches similarly have been treated as organizational weaknesses or failures. Against this backdrop of organizational responsibility, the Department of Justice has brought a noteworthy criminal case against an individual for his personal response to a corporate data breach.

Features

Repairing the Foreign Agents Registration Act Image

Repairing the Foreign Agents Registration Act

Harry Sandick & George Carotenuto

In recent years, mostly due to the well-publicized prosecution of Trump campaign manager Paul Manafort, FARA has become more of a focus for federal prosecutors. As a result, white-collar attorneys have been consulted more often about whether particular conduct requires registration under the Act.

Features

SCOTUS Hears Arguments In Doctors' Good Faith Defense to Prescribing Controlled Substances Image

SCOTUS Hears Arguments In Doctors' Good Faith Defense to Prescribing Controlled Substances

By Robert J. Anello & Richard F. Albert

When is a doctor a doctor and when is a doctor a drug dealer? In early March, the U.S. Supreme Court heard oral argument in two consolidated cases — Ruan v. United States and Kahn v. United States — to address where that line is drawn.

Features

Strategies for Advising Foreign Clients As DOJ Pursues Extraterritorial Criminal Cases Image

Strategies for Advising Foreign Clients As DOJ Pursues Extraterritorial Criminal Cases

Emil Bove

This article addresses some issues to consider, including foreign arrest procedures, contesting extradition, and engaging with prosecutors before a defendant arrives in the United States.

Features

Crypto Executive Order 'Both a Landmark and a Question Mark' Image

Crypto Executive Order 'Both a Landmark and a Question Mark'

Andrew Goudsward

The Biden administration released its long awaited executive order on cryptocurrency, directing a range of federal agencies to study and assess a litany of issues related to digital assets, including cybersecurity, money laundering and climate impact.

Features

The FTC Gets Into the College Athlete NIL Game Image

The FTC Gets Into the College Athlete NIL Game

Nicole Demas, L. Andrew Tseng & Sean P. McConnell

As national champions are crowned in men's and women's basketball, hundreds of thousands of college athletes are entering the influencer marketplace for the first time and now find themselves attractive candidates in the fast growing influencer marketing arena. With influencer marketing potentially providing a 5x return on investment, many brands are eager to get into the industry, but it doesn't come without risks as the FTC Commissioner is taking a closer look at the use of influencers for marketing.

Features

First Dark Web Insider Trading Case Shows Government Active In Policing Tech Image

First Dark Web Insider Trading Case Shows Government Active In Policing Tech

Ian McGinley

In a first of its kind prosecution, the Southern District of New York brought an insider trading case against defendant for selling inside information on the Dark Web. The SEC also brought a civil regulatory action against the defendant for the same conduct. In a rare move, however, SDNY and SEC charged this same conduct under different insider trading statutes. This difference underscores the legal complexities involved when the origin of inside information in the digital world is unknown.

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