By Robert S. Held
One court's disregard for First Amendment rights highlights the need for education on due process requirements for indirect criminal contempt.
By Kele Onyejekwe
The expungement of a criminal record allows your client to move forward from a past mistake to pursue a full civic life.
By Farrah Champagne
Violent posts on Facebook: What constitutes a true threat and guilty mind?
By Lara O'Donnell and Sonia O'Donnell
Whether you are a young lawyer, or a not-so-young lawyer, how do you tackle the first appeal?
By Farrah Champagne
An examination of mandatory arrest and no-drop policies in the prosecution of domestic violence cases.
By Kele Onyejekwe
The Supreme Court's decision in Mata v. Lynch continues immigration law's march into the mainstream of American law.
By Matthew A.S. Esworthy and Aaron M. Danzig
What are actual damages under the Privacy Act of 1974 in a massive data breach? AFGE's class action against OPM may provide an answer.
By Alix Pereira
Recent laws suggest that hospitals will be granted latitude to implement gainsharing agreements under specific circumstances.
By Dillon Malar
Congress should eliminate acquitted conduct sentencing, as the practice goes against the basic assumptions of criminal procedure.
By Thad A. Davis and Nicola M. Paterson
There are options beyond trial or settlement in the new "broken windows" era.
By Jane Shvets and Blair Albom
Foreign companies are often deprived of the attorney-client privilege.
By Theodore G. Fletcher
Does the Stored Communications Act apply beyond the borders of the United States?
By Grant Fondo and Jessica Adams
The business community can expect prosecutors to pause before bringing the next high-profile insider-trading case.
By Kele Onyejekwe
The placement of a comma can be critical in a criminal statute.
By Laura Robinson
The impact of the mechanics of matching purchase-and-sale transactions in estimating class damages is examined.
By Travis H.D. Lewin and Tyler P. Hite
It seemed to be a clear case of self-defense that Abe could not lose, but he did. Was it, in fact, a case he could not win?
By Jeremy T. Brown
Forget bullet-point lists. Learn how to really communicate with jurors.
By Michael T. Dawkins
Clear identification of corporate clients will assist lawyers in carrying out the duty of loyalty while maintaining client confidentiality.
By Felicia C. Quentzel
A basic guide to the provisions of the FCPA and how it is enforced.
By LaKeisha R. Randall
In Heien v. North Carolina, the Supreme Court could vastly expand police officers' discretion.
By Cleveland M. Patterson III
A few pointers for young attorneys on how to represent indigent defendants where there is no local public defender's office.
By Thad A. Davis and Leslie A. Wulff
The hearsay exception for prior testimony under FRE 804(b)(1) requires that the evidence being offered is being used against the same party or a party who had a similar interest in the litigation. Federal courts have interpreted this requirement differently.
By Aaron M. Danzig
A modern interpretation of the Fourth Amendment?
By Jerry Friedberg and Amanda Touchton
Future cases will test the extent to which theories of liability that have been accepted in civil FCA cases may also form the basis of criminal prosecutions.
By Vadim A. Glozman
Recent amendments to the Federal Sentencing Guidelines are consistent with Attorney General Holder's agenda, and will allow courts significant discretion in reducing sentences of qualifying defendants.
By Dillon Malar
The amendments to the Federal Sentencing Guidelines were approved to be retroactive and will create challenges for the system when the approximately 60,000 expected sentence-reduction motions are made.
By Jay Musoff, Nathan J. Muyskens, and Emily H. Stone
The Second Circuit has blurred the line between the equitable nature of disgorgement and the punitive nature of forfeiture.
By Emily M. Smith
Cognitive shortcuts can lead to wrongful convictions.
By Michael T. McGinley
Six critical steps businesses can take to prepare for a cyber-attack.
By Kenneth C. Pickering
The door is open where the claims do not involve a "covered security" as defined by the Securities Litigation Uniform Standards Act.
By Stanley A. Twardy Jr. and Daniel E. Wenner
Second Circuit rules on "what-if-you-had-known" questions posed to accountants called as fact witnesses but not as expert witnesses.
By Ryan Malkin
It is more than likely that emails were sent or received that will assist you at trial.
By Lauren Perkins Allen
A qui tam action under the FCA effectively thwarts those who commit Medicare fraud.
By Peter M. Saparoff, Alec J. Zadek, and Bradford Hillman
Lessons learned from Gamco Investors, Inc. v. Vivendi.
By Joseph W. Martini and Melissa Fernandez
Recent charges indicate that prosecutors may seek to expand the use of conscious avoidance to hold supervisors liable for an increasing range of criminal liability.
By Darren M. Gelber
It is essential that federal criminal defense attorneys assess and assemble as much information as possible on the defendant's criminal history.
By Aaron M. Danzig and Matthew A. S. Esworthy
Defendants facing charges under the Computer Fraud and Abuse Act are affected by differing interpretations of a specific provision.
By Gerard T. Leone Jr., Hannah Bornstein, and Conor S. Harris
First Amendment protection may extend to "truthful" off-brand promotional activities, but the issue then becomes what qualifies as "truthful."
By Jill Baisinger and Erin Yates
The first indictment has been brought stemming from the controversial bureau created by the Dodd-Frank Act of 2010.
By Bruce J. Casino and Scott Maberry
The FCPA itself and due-process concerns likely limit the statute's expanded extraterritorial reach.
By Ari D. MacKinnon
Corporate entities and defense attorneys alike should be on guard for a shift away from the DPA/NPA model.
By Kimberly Murphy
Is there an out for foreign criminal defendants?
By Jason M. Silverman and Felicia C. Quentzel
What suspension and debarment are, why you should be concerned, and what to do about it.
By Mark L. Greenblatt
How true statements, blank spaces on forms, and half-truths constitute false statements under 18 U.S.C. § 1001.
By Amanda Marie Baer and Kenneth C. Pickering
Checklists for guarding against and responding to a data breach.
By Laura O. Robinson
Trends show that the SEC, DOJ, and FBI will continue to increase their focus on financial-fraud enforcement in 2013.
By Vasu B. Muthyala and Laura L. Conn
Recent provisions in the Dodd-Frank Act have expanded the CFTC's enforcement opportunities and have brought on increased enforcement actions.
By Bruce. J. Casino and Scott Maberry
Highlights from the 120-page Foreign Corrupt Practices Act Guide published by the DOJ and SEC.
By David Perrott
General tips and potential remedies for common problems that arise.
By Steven F. Molo and Lucas M. Walker
What exactly must prosecutors turn over to criminal defendants?
By Clifford E. Nichols III and Stanley A. Twardy Jr.
A new set of best practices aims to reduce cost and inefficiency when producing ESI.
By Daniel S. Park
To maintain privilege is to maintain options.
By Peter M. Saparoff, Alec J. Zadek, and Stefanie Giuliano Abhar
Entities and individuals should be aware of the risks and potential implications before entering into any agreement with the SEC.
By Charles T. Lee and Mandiey Winalski
The jurisprudence relating to insurance coverage for Ponzi losses is developing as claims make their way through the courts.
By Anne M. Chapman and Joseph N. Roth
The new recommendations are a step toward formalizing practice and expectations involving ESI in federal criminal cases.
By D. Grayson Yeargin and Lindsey M. Nelson
The safest path through one investigation may lead to a dead end in another.
By Kenneth C. Pickering
Granting "queen for a day" immunity can have significant collateral consequences.
By Nicole Jacoby
Just how reasonable is our expectation of privacy?
By Katherine A. Lauer, Jason M. Ohta, and Amy E. Hargreaves
The distinction between a condition of payment and a condition of participation should continue to be particularly significant in FCA actions.
By Ronald J. Friedman and Michelle Peterson
As recently experienced by a pharmaceutical associate general counsel, the line between fair advocacy and criminality is not a settled matter.
By Norman Moscowitz
Defense lawyers are now armed with better arguments, following Morrison, for challenging the prosecution of cases that are extraterritorial.
By Emily R. Schulman and Melissa Turitz
The majority of the Supreme Court left open for interpretation how, if at all, courts should treat reliability when conducting a primary purpose inquiry.
By Stanley A. Twardy Jr. and Doreen Klein
Recent decisions enhance prosecutors' ability to conduct international investigations at a time when the DOJ is aggressively targeting international antitrust and FCPA violations.
By Anthony Pacheco, Sigal P. Mandelker, and Massiel Pedreira
Since the passage of the Dodd-Frank Act, white-collar and compliance lawyers alike have been consumed by the potential consequences of the elevation the role of whistleblowers.
By Mahsa Aliaskari
One day before the law was set to take effect, the district court granted a preliminary injunction, blocking certain provisions of the law from going into effect.
By James Clare
The recent conclusion of an FCPA enforcement action against a Hollywood couple presents a stark warning to an industry that was not traditionally on the FCPA's radar.
By Lisa Krigsten
A recent FDA announcement indicates a likely shift in agency priorities and has created a revived interest in the responsible-corporate-officer doctrine.
By Ben Lewis
Jeffrey Louis Jones has two very peculiar feet. Mr. Jones's feet are so remarkable that they have twice caused him to be sentenced to death.
By Scott Bennett
The health-care reform law gives the federal government significantly more resources and legal tools for investigating and prosecuting health-care fraud.
By Jonathan D. Polkes & Tamika R. Montgomery
Internal investigations, and the Department of Justice's response to them are the subject of an upcoming presentation of the ABA’s Criminal Litigation Committee.
By Marcus A. Asner, John A. Freedman, and Lucy S. McMillan
The High Court is reviewing three separate cases concerning the scope of "honest services" mail and wire fraud under 18 U.S.C. § 1346.
By Anjali Chaturvedi and Lynn Fiorentino
Panel denies Ruehle's petition for panel rehearing and petition for rehearing en banc on November 5, 2009.
By Anjali Chaturvedi and Edward C. O'Callaghan
The convictions highlight the DOJ focus on criminal conduct of individuals in international business dealings.
By Kenneth C. Pickering and Christopher Civali
By Adam S. Lurie
By Joseph P. Covington, Iris E. Bennett, and Sean J. Hartigan
By Joshua C. Gillette
By Matthew L. Mustokoff
Managing the Fallout: What to Do When You Learn That Your Employee Has Been Talking to the Government
By John T. Graff and John T. McInnes
By Aaron Danzig
By Marissel Descalzo
By Laurie S. Fulton and Steven R. Ross
By Criminal Litigation Committee
By Don R. Berthiaume
By Thomas A. Gilson and Jon Monson
By Kenneth C. Pickering and John T. Graff
By Jordan M. Hyatt
By Emily S. Crandall
By D. Grayson Yeargin
United States v. Fort: Ninth Circuit Clarifies the Relationship Between Rules 16(a)(1)(E) and 16(a)(2)
By David E. Roth and Brian L. Flack