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Are Government Investigation Disclosures Protected Under the Common Interest Doctrine? Image

Are Government Investigation Disclosures Protected Under the Common Interest Doctrine?

Elkan Abramowitz & Jonathan S. Sack

This article discusses whether disclosures made when a subject of a government investigation borrows money or sells all or part of its business are protected from discovery on the basis of the attorney-client privilege and pursuant to the common interest doctrine.

Features

Van Buren Continues Supreme Court's Pattern of Statutory Interpretation to Avoid Criminalizing Trivial Acts Image

Van Buren Continues Supreme Court's Pattern of Statutory Interpretation to Avoid Criminalizing Trivial Acts

Robert J. Anello & Richard F. Albert

The Van Buren decision fits into a pattern of the court's modern criminal law jurisprudence that appears motivated by concerns about the ever-expanding reach and severity of federal criminal law.

Features

Strategy vs. Tactics: Two Sides of a Difficult Coin Image

Strategy vs. Tactics: Two Sides of a Difficult Coin

Emil Sayegh

With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks now target the critical infrastructure of the most powerful country on the planet.

Features

How Will Courts Determine Business Expense Legitimacy Under SEC's New Disgorgement Authority? Image

How Will Courts Determine Business Expense Legitimacy Under SEC's New Disgorgement Authority?

Jorge deNeve, Michael Simeone & David Cohen

Answering that question will force defendants facing SEC enforcement actions to focus on demonstrating the legitimacy of expenses in developing their litigation strategies.

Features

Mutual Legal Assistance Treaties Are Best Option for International Subpoenas Image

Mutual Legal Assistance Treaties Are Best Option for International Subpoenas

Lanier Saperstein & Samuel Hickey

One provision of the AMLA was added with little fanfare and minimal discussion, yet it could have a significant impact on foreign financial institutions doing business in the United States.

Features

Government Secret Recording of Interviews Rarely In Best Interests of Witness Image

Government Secret Recording of Interviews Rarely In Best Interests of Witness

Joel Cohen

Secretly recording conversations or interviews is a dirty business, and it is almost never conducted by the government with the best interests of the witness in mind.

Features

Sorting Through the Trump Financial Documents: How Prosecutors Will Search for Clues Image

Sorting Through the Trump Financial Documents: How Prosecutors Will Search for Clues

Nicholas Gaffney

A Q&A with Bobby Malhotra, Munger, Tolles & Olson LLP, Los Angeles

Features

Best Practices for Investigations In Remote Environments Image

Best Practices for Investigations In Remote Environments

Colin Jennings, David Meadows, Nicole Wells & John Winkler

The landscape of corporate investigations has changed dramatically in the last year. New regulations, new market pressures, new data sources and more challenging…

Features

Use of Deferred Prosecution Agreements In White Collar Investigations Image

Use of Deferred Prosecution Agreements In White Collar Investigations

Elkan Abramowitz & Jonathan S. Sack

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.

Features

Supreme Court Narrowly Interprets CFAA to Avoid Criminalizing 'Commonplace Computer Activity' Image

Supreme Court Narrowly Interprets CFAA to Avoid Criminalizing 'Commonplace Computer Activity'

Patricia Kim & Maren Messing

The Court held that only those who obtain information from particular areas of the computer which they are not authorized to access can be said to "exceed authorization."

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