As rapid technological changes in the 21st century continue to expand the types and volume of private electronic information, the Fourth Amendment's privacy protections are evolving. The critical question in Fourth Amendment cases is whether a person has a “reasonable expectation of privacy in the information or event.”
July 01, 2018Jonathan S. Feld, Dante Stella and Christina BruntyThe U.S. Department of Justice Is Now Using The False Claims Act — Traditionally a Civil Enforcement Tool — to Combat the United States' Sweeping Opioid Epidemic
The use of the FCA is part of a larger DOJ strategy to develop multi-faceted solutions for this public health emergency.
July 01, 2018Nekia Hackworth JonesThe government's seizure of attorney-client communications, a headline event when it involves the President's lawyer Michael Cohen, actually is a recurrent problem in white collar criminal investigations due to the convergence of several trends.
July 01, 2018Ronald H. LevineU.S. Supreme Court Denial of Cert Leaves Statute Vague
This article analyzes the confusion faced by commodity futures traders in assessing whether their trading strategies constitute illegal spoofing and examines whether the CFTC and Seventh Circuit have provided sufficient guidance on the distinction between spoofing and legitimate trading activity.
June 01, 2018Jodi Misher Peikin and Brent M. TunisPart Two of a Two-Part Article
In Part One, we discussed the public concern over unfairness in asset forfeiture and analyzed the Supreme Court case — United States v. Bajakajian — that looked to the Excessive Fines Clause to limit the government's authority to forfeit property. In Part Two, we consider possible reforms that would allow defendants to challenge forfeitures as disproportionate under a fairer and more appropriate analysis.
June 01, 2018Harry Sandick, Daniel Ruzumna and Jacqueline BonneauThe health care industry continues to hold great potential for private equity (PE) firms, but it also carries with it significant risks and potential exposure to liability. As the pressure to find opportunities has increased, there appears to be a greater appetite for riskier investments including into portfolio companies that experienced or are experiencing compliance challenges.
May 01, 2018Yvonne W. Chan and Timothy H. KistnerPart One of a Two-Part Article
In Honeycutt v. United States, the Supreme Court rejected the argument that a federal criminal forfeiture statute permits joint and several liability for criminal asset forfeiture judgments, thereby protecting defendants who were only marginally culpable for a larger offense.
May 01, 2018Harry Sandick, Daniel Ruzumna and Jacqueline Bonneau








