Articles

 

The Pitfalls of Parallel Proceedings

By D. Grayson Yeargin and Lindsey M. Nelson

The safest path through one investigation may lead to a dead end in another.

The Risks and Benefits of Proffer Agreements in Parallel Proceedings

By Kenneth C. Pickering

Granting "queen for a day" immunity can have significant collateral consequences.

U.S. v. Jones Leaves Important Digital Privacy Questions Unanswered

By Nicole Jacoby

Just how reasonable is our expectation of privacy?

Violations of Payment/Participation Conditions as Predicates for False Claims

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.

Lessons from the Failed Prosecution of In-House Pharma Counsel

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.

Reconsidering the Extraterritorial Reach of the Mail and Wire Fraud Statutes

By Norman Moscowitz

Defense lawyers are now armed with better arguments, following Morrison, for challenging the prosecution of cases that are extraterritorial.

The Shifting Grounds of the Constitutional Right to Confrontation

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.

Grand Jury Subpoenas That Reach Around the World

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.

The SEC Is Preparing for a Greatly Enhanced Reliance on Whistleblowers

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.

The Ninth Circuit and Arizona's Senate Bill 1070

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.

FCPA Enforcement Actions Against the U.S. Entertainment Industry

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.

Prosecuting the Responsible Corporate Officer

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.

Barefoot Insole Impressions: The Curious Case of Mr. Jones's Feet

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.

Healthcare Reform Law Expands Criminal Liability and Penalties

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.

Corporate Cooperation and the Attorney-Client Privilege

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.

Supreme Court to Examine “Honest Services” Mail and Wire Fraud

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.

Ninth Circuit Reaffirms Strict Interpretation of the Attorney-Client Privilege

By Anjali Chaturvedi and Lynn Fiorentino

Panel denies Ruehle's petition for panel rehearing and petition for rehearing en banc on November 5, 2009.

FCPA Enforcement Priorities: The Summer of Individual Convictions

By Anjali Chaturvedi and Edward C. O'Callaghan

The convictions highlight the DOJ focus on criminal conduct of individuals in international business dealings.

Make Your Arguments Memorable

By Kenneth C. Pickering and Christopher Civali

Recipients of Federal Money Beware: Recent Amendments Expand False Claims Act Liability

By Adam S. Lurie

U.S. v. Bourke FCPA Prosecution: DOJ Litigates Willful Blindness Theory and Prevails

By Joseph P. Covington, Iris E. Bennett, and Sean J. Hartigan

Federal Criminal Defendants: Ask Not What Madoff Will Do to You, Ask What You Can Do under Booker

By Joshua C. Gillette

U.S. v. The Williams Companies: The DC Circuit Rejects Selective Waiver in Corporate Prosecutions

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

Combating Cybercrime  | 

By Aaron Danzig

Erosion of Attorney-Client and Work Product Privileges  | 

By Marissel Descalzo

Congressional Investigations: Understanding and Surviving the Potential Pitfalls | 

By Laurie S. Fulton and Steven R. Ross

Crossing the Line – Responding to Prosecutorial Misconduct  | 

By Criminal Litigation Committee

Corporate Cooperation 2.0: The Post-TARP Era

By Don R. Berthiaume

Internal Investigations: Ten Ways to Avoid Inadvertent Disclosure of Confidential Information

By Thomas A. Gilson and Jon Monson

Supreme Court Clarifies the Role of the Sentencing Guidelines in Two Recent Decisions

By Kenneth C. Pickering and John T. Graff

Opinion Piece: Increased Victim Participation Furthers Justice In Criminal Litigation

By Jordan M. Hyatt

Opinion Piece: Expanding Victim Participation Raises Concerns about Unfair Advantage

By Emily S. Crandall

The Honest Services Statute: Scalpel or Axe?

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