Latest Publications


Stephen Cutler Has A Point About The Increasing Size Of Settlements

In late November, J.P. Morgan, the Justice Department and other agencies reached a $13 billion settlement over practices involving mortgage securities. Three days later, J.P. Morgan’s General Counsel, Stephen Cutler,...more

1/8/2014 - Banks Compliance DOJ Fines JPMorgan Chase Mortgage-Backed Securities Securities Litigation Settlement

Protecting The Rich Or The Poor: The SEC Division Of Enforcement

Should the SEC devote more resources to supervising the activities of hedge funds in which sophisticated investors invest, or should it devote more resources to investment advisor fraud, where the victims are less able to...more

9/18/2013 - Enforcement Fraud Investment Adviser Investors Mary Jo White SEC Title IV

Sentences, Prosecutors, Costs, Oh My: A Conversation With A White Collar Bar Legend.

Lawrence S. Bader interviews his partner of many years, Paul R. Grand, who is one of the Bar’s leading white collar criminal defense attorneys, with extensive experience handling complex criminal and civil matters in state...more

8/29/2013 - Federal Prosecutors Legal Costs Sentencing White Collar Crimes

Imagine This -- Détente Between the Right and the Left On Prison Reform!

Can you imagine political conservatives advocating prison reform? It is hard to imagine if you are old enough to remember the infamous Willie Horton ads from the 1988 U.S.Presidential race....more

6/26/2013 - Conservatives Prison Prison Reform

Judging The SEC’s Division Of Enforcement With 20/20 Foresight

I almost feel sorry for Mary Jo White, the Chairman of the SEC, and Andrew Ceresney and George Canellos, soon to be Co-Directors of the SEC’s Division of Enforcement. Four days after Ms. White was sworn in, Gretchen Morgenson...more

4/23/2013 - Mary Jo White Mortgages SEC Securities Fraud Supervisors

Lance Armstrong -- Rorschach Test

The criminal justice system – particularly at sentencing – necessarily puts an unflattering light on those who have committed crimes. Prosecutors correctly inform the sentencing court of the bad deeds that resulted in the...more

2/6/2013 - Criminal Prosecution Lance Armstrong Rorschach test

Is the Current Wave of Insider Trading Cases a Deterrent to Others?

As sentences in insider trading cases have grown longer, insider trading has continued, apparently at historically high rates, with increasingly longer sentences being meted out. However, the longer sentences do not appear to...more

12/12/2012 - Insider Trading SEC Sentencing

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