Are Criminal Laws the Right Response to Revenge Porn?
Blecker: GM Recalls Show Need for Harsher Penalties for "Red Collar" Criminals
Jail Time for Revenge Porn Offenses?
How a Reluctance to Deport Pop Stars Strengthens US Immigration Policy
Zimmermann: Dewey Charges Send 'Warning' To Struggling Law Firms
Is Punishment Dead in America?
How to Avoid Corruption Risks in China
Hailey French’s Story – When millions barely cover the bills.
Building A Post-Recession Law Firm
Fine Tuning Your Anti Corruption Compliance Program
Corporate Compliance Policies – Interview with Bridget Rohde, Member, Mintz Levin
What to Do When the Government Comes Calling – Interview with Peter Chavkin, Member, Mintz Levin
Corporate Criminal Liability – Interview with Bridget Rohde, Member, Mintz Levin
Bill on Bankruptcy: Unprecedented Actions by Two District Judges
Bill on Bankruptcy: Sandbagging of a Federal District Judge
For Jeff Skilling, 'Enron Was His Life,' Lawyer Says
Bill on Bankruptcy: Versace Mansion Up for Sale, Casey Anthony
Spitzer "Disappointed" in Wall Street's Regulators
Is Edward Snowden a Whistleblower?
Are Political Intelligence Practice Groups Too Risky?
The Eleventh Circuit Court of Appeals, which hears appeals from the federal district courts in Florida, Georgia, and Alabama, ruled earlier this month that in order to impose penalties under IRC § 6701, the government bears...more
Last month, in Prousalis v. Moore (May 7, 2014), a criminal securities fraud case, the Fourth Circuit held that the Supreme Court’s interpretation of Rule 10b-5(b) in Janus Capital Group, Inc. v. First Derivative Traders...more
In this issue:
- SEC Chair Gives Speech on Equity Market Structure
- New CFTC Commissioners Confirmed; Chairman Sworn In
- CFTC Extends No-Action Relief for Certain Transaction-Level Requirements...more
SEC Chair Mary Jo White indicated in comments this week that the agency plans to make greater use of Exchange Section 20(b) in the future. That section generally provides for imposing liability on those who cause another to...more
In this issue:
- Delaware Supreme Court Upholds Fee-Shifting Bylaw
- FINRA Proposes Changes to FINRA Rules 7410 and 2121
- CFTC Staff Announces Streamlined No-Action Relief Process for Certain...more
In European Community v. RJR Nabisco, Inc., Case No. 11-CV-2475 (2d Cir. Apr. 23, 2014), the United States Court of Appeals for the Second Circuit held that the Racketeer Influenced and Corrupt Organizations (“RICO”) statute,...more
This issue of the Credit Crunch Digest focuses on recent developments in Libor and the Foreign Exchange market litigation; Credit Suisse’s $885 million mortgage settlement with the Federal Housing Finance Agency; Irving...more
Royal Trust Corporation of Canada v. Fisherman (“Royal Trust”), a decision of the Ontario Superior Court, is another example of a court addressing the risk that discovery evidence could be used against a defendant in a...more
Another market professional apparently chose to make a bad day worse. It is bad enough to be caught up and charged with insider trading in a civil SEC enforcement action. It is worse to have those claims and criminal insider...more
The US District Court for the Southern District of New York granted the Securities and Exchange Commission summary judgment on its one outstanding securities fraud claim against Alberto Vilar and Gary Tanaka, co-founders of...more
SEC Chair Mary Jo White declared that 2014 will be a very busy year for the Division of Enforcement. At the same time fellow Commissioner Michael Piwowar discussed the actions of banking regulators on issues being considered...more
As the Justice Department has stepped up its pursuit of financial institutions, there has been a surge of civil fraud lawsuits brought by the government under FIRREA — the Financial Institutions Reform, Recovery, and...more
The high profile long-running saga between Mark Cuban -- entrepreneur, television personality, and billionaire owner of the Dallas Mavericks -- and the SEC has finally ended with Mr. Cuban emerging victorious. On October 16,...more
On November 7, 2013, United States District Judge Kimba M. Wood of the Southern District of New York, granted authorization to the IRS to issue John Doe summonses to Bank of New York Mellon and Citibank requiring those banks...more
EDITOR’S NOTE -
Recent months have provided interesting developments in the False Claims Act (“FCA”) case law, and the future promises even more.
Defendants in many FCA cases that proceed to litigation file...more
A recent SDNY ruling strengthens the Department of Justice’s expanding application the Financial Institutions Reform, Recovery and Enforcement Act of 1989.
UPDATE On October 23, a jury returned the first FIRREA...more
Joint Release on QM Fair Lending Risks -
On October 22, the Fed, CFPB, FDIC, NCUA and OCC issued a joint statement to address industry questions on fair lending risks associated with offering only qualified mortgages. ...more
Sept. 26 (Bloomberg Law) -- Two federal district judges tied for Judge of the Week on the video with Bloomberg Law's Lee Pacchia and Bloomberg News bankruptcy columnist Bill Rochelle. District Judge Lynn N. Hughes in Houston...more
In United States v. Vilar, the Second Circuit Court of Appeals has offered another data point in the federal courts’ ongoing efforts to define the extraterritorial reach of the federal securities laws.
High Court holds that reports used by the Serious Fraud Office to obtain search and arrest warrants are not subject to litigation privilege in subsequent civil proceedings.
Aug. 8 (Bloomberg) -- Clergy abuse victims may be going after a district judge on undisclosed grounds for recusal in the bankruptcy of the Archdiocese of Milwaukee, as Bloomberg Law's Lee Pacchia and Bloomberg News bankruptcy...more
Government investigations of companies typically end in settlements. These may be civil in nature, in which companies commonly agree to pay money and take remedial measures to deter and prevent the misconduct that the...more
The False Claims Act (FCA), which allows both the government and whistleblowers to seek treble damages for claims of civil fraud on the United States, is a powerful tool. In the past two years, the government has aggressively...more
On April 24, the U.S. District Court for the Southern District of New York stayed an order that would have required a bank to disclose non-public supervisory information subject to the bank examination privilege. Wultz v....more
The US Court of Appeals for the Second Circuit recently upheld a district court’s refusal to release nearly $4 million in assets frozen by the Securities and Exchange Commission and the Commodity Futures Trading Commission to...more
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