Author Info for Zuckerman Spaeder LLP

Leila Bijan

The Race to Report: Regulators Announce New Whistleblower Programs Aimed at Increasing Voluntary Self-Disclosure from Companies

Telling on yourself is not an intuitive defense. But federal regulators and prosecutors at last week’s ABA National Institute on White Collar Crime urged companies and executives to consider doing so or risk being beat to the…more

Corporate Misconduct, Criminal Investigations, Department of Justice (DOJ), Non-Prosecution Agreements, Pilot Programs

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Aaron Chou

Under “Damocles’ Sword”: Considering Removal Protections and the Take Care Clause in Light of SEC v. Jarkesy

The Constitution requires judicial independence in Article III. As Hamilton observed in “Federalist 78”: “The standard of good behavior for the continuance in office of the judicial magistracy . . . . is the best expedient which…more

Administrative Law Judge (ALJ), Administrative Proceedings, Article III, Executive Branch, Take Care Clause

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John Connolly

Why Maryland Did Not Ratify the Fourteenth Amendment (Until 1959)

The possible disqualification of former President Trump from the 2024 presidential election has kindled interest in the original public meaning of the Fourteenth Amendment. Unfortunately, Maryland’s consideration of the…more

Fourteenth Amendment, Leadership, Maryland, Proposed Amendments, State and Local Government

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Nicholas DiCarlo

Whither Insurance Coverage for Preventive Health Services? District Court Decision Striking Down Affordable Care Act’s Preventive Care Coverage Requirements Temporarily Stayed by the Fifth Circuit

On May 15, 2023, the Fifth Circuit temporarily stayed a district-court ruling that struck down a key part of the Affordable Care Act (ACA). As a result of the stay, the ACA’s health insurance coverage requirements for preventive…more

ACIP, Affordable Care Act, Appeals, Appointments Clause, Department of Health and Human Services (HHS)

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Mark Feaster

The Race to Report: Regulators Announce New Whistleblower Programs Aimed at Increasing Voluntary Self-Disclosure from Companies

Telling on yourself is not an intuitive defense. But federal regulators and prosecutors at last week’s ABA National Institute on White Collar Crime urged companies and executives to consider doing so or risk being beat to the…more

Corporate Misconduct, Criminal Investigations, Department of Justice (DOJ), Non-Prosecution Agreements, Pilot Programs

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Adam Fotiades

SEC Adopts New Rules for Private Funds: What Advisers and Investors Need to Know

On August 23, 2023, the U.S. Securities and Exchange Commission (“SEC” or “Commission”) finalized new rules and amendments under the Investment Advisers Act of 1940 (“Advisers Act”) to enhance the regulation of private fund…more

Audits, Broker-Dealer, Investment Adviser, Investment Advisers Act of 1940, New Rules

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Andrew Goldfarb

Adding China-Specific Restrictions to the FCPA? The Implications of Sen. Rubio’s Proposal

A recently re-introduced bill by Senator Marco Rubio (R-FL) would seek to expand the reach of the Foreign Corrupt Practices Act (“FCPA”) over corporations operating in China..…more

China, Corporate Governance, Corruption, Enforcement Actions, Foreign Corrupt Practices Act (FCPA)

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Martin Himeles, Jr.

Ten Years after Shelby County: The Effect of Ending Preclearance on Voting Rights

In 2013, a divided Supreme Court held in Shelby County v. Holder that Section 4(b) of the Voting Rights Act of 1965 was unconstitutional, ending its preclearance requirement in states with a history of discriminatory voting…more

Constitutional Safeguards, Discrimination, Preclearance, SCOTUS, Shelby v Holder

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Alyssa Howard

Social Media and State Action: The Supreme Court Considers When Government Officials Block Commenters “Under Color of” State Law

When public officials block commenters from their social media pages, are they acting “under color of” state law for purposes of 42 U.S.C. § 1983? Yesterday, October 31, 2023, the Supreme Court heard oral arguments in two cases,…more

Amicus Briefs, First Amendment, O’Connor-Ratcliff v Garnier, Oral Argument, Social Media

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J. Benjamin Jernigan

The Meaning of Corruption (Revisited): United States v. Robertson and Further Considerations for White Collar Practitioners from the D.C. Circuit’s January 6 Docket

A previous post examined interpretations of the statutory term “corruptly” in case law arising from prosecutions of participants in the January 6, 2021 Capitol riot. A significant new case from the D.C. Circuit, United States…more

Corruption, Criminal Convictions, Criminal Defense, Criminal Investigations, Criminal Prosecution

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Casey Trombley-Shapiro Jonas

Work Hard and Stay Focused: Lessons Learned Clerking for Justice Ketanji Brown Jackson

When I told my clerkship adviser in 2015 that I was hoping to land a federal district court clerkship in or around Washington, DC (my husband was threatening to leave me if I made him move cross-country again, only mostly…more

Appellate Courts, Brand, Law Clerks, Reputation Management, Trials

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Antoinette Pick-Jones

General Counsels Beware: Assume That Anything Can Go Viral in the #MeToo Era

In March 2023, at the American Bar Association’s White Collar Crime Institute in Miami, Gary S. Lincenberg moderated a panel of general counsels. The panel covered a range of different issues; this post focuses on the discussion…more

American Bar Association (ABA), Attorney-Client Privilege, Confidential Information, Corporate Misconduct, Internal Investigations

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Jason Knott

A Hostile Work Environment—At Home

Discrimination doesn’t just include refusing to hire someone based on a protected characteristic, such as race or gender. Harassment based on a protected characteristic can also give rise to a discrimination claim, if the…more

Coronavirus/COVID-19, Corporate Counsel, Discrimination, Harassment, Remote Working

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Sara Alpert Lawson

The Supreme Court Confirms the Government’s Essentially Unfettered Authority to Dismiss False Claims Act Cases

On Friday, June 16, 2023, I (sort of) lost my bet that the Supreme Court would follow the path charted in Borzilleri v. Bayer Healthcare Pharmaceuticals, 24 F.4th 32 (1st Cir. 2022) to determine the government’s False Claims Act…more

Article II, Constitutional Challenges, False Claims Act (FCA), Federal Rules of Civil Procedure, Healthcare

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Christopher MacColl

Defamatory Bots and Section 230: Navigating Liability in the Age of Artificial Intelligence

The rise of artificial intelligence (“AI”) poses novel questions about whether internet technology companies will face liability for misinformation on their platforms. Internet companies have long been shielded from liability by…more

Artificial Intelligence, Bots, Communications Decency Act, Defamation, Liability

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Joshua Mathew

No One Gets There Alone – The Value of Mentorship Programs in the Legal Profession

No One Gets There Alone - While serving in the U.S. Army, I was lucky enough to be surrounded by wise and compassionate sergeants who regularly reminded me to “take care of soldiers,” and that “no one gets there alone.” That is…more

Career Development, Law Practice Management, Mentor-Protege Program, Mentors, Professional Development

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Samantha Miller

UPDATE: The Imperative for Outlawing “Acquitted Conduct Sentencing”

For too long, judges have been permitted at sentencing to consider anything they deem “relevant,” including allegations that were considered and rejected by a jury. So-called “acquitted conduct sentencing” clearly offends…more

Acquittals, Criminal Convictions, Double Jeopardy, Federal Sentencing Guidelines, Judges

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M Moore

Regulators Put AI in Their Crosshairs at the ABA National Institute on White Collar Crime

The American Bar Association’s National Institute on White Collar Crime has long focused on regulating, prosecuting, and defending evolving permutations of fraud, or allegedly fraudulent conduct. At the 39th annual event, held…more

American Bar Association (ABA), Artificial Intelligence, Department of Justice (DOJ), Enforcement Actions, Financial Crimes

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Ariella Muller

SEC Extends Comment Period on Proposed Rules Requiring Robust Climate-Related Disclosures

On May 9, the U.S. Securities and Exchange Commission (“SEC”) announced that it will extend the public comment period on its proposed rules on climate-related disclosures by public companies. The comment period was scheduled to…more

Climate Change, Corporate Governance, Disclosure Requirements, Environmental Social & Governance (ESG), Investment

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Nell Zora Peyser

Bad-Behaving Litigants Beware: Gamesmanship During Discovery Could Come at Great Cost

New York courts are trending towards a strict no-tolerance approach in disposing of cases for willful discovery violations. Under CPLR 3126(3), a party may seek to strike its opponent’s pleading for a willful failure to comply…more

Appeals, Appellate Courts, CPLR, Discovery, Discovery Disputes

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Bryan Reines

Sentences Based on Acquitted Conduct Will the Court Try Again?

On Thursday, May 11, 2023 the Supreme Court will consider several petitions, presenting questions about whether and how federal judges can consider criminal conduct of which the defendant was acquitted in imposing sentence on…more

Acquittals, Criminal Convictions, Federal Sentencing Guidelines, Judges, Sentencing

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David Reiser

Rolling Down Hill: Qualified Immunity’s Role in Prolonging Mistaken-Identity Arrests

A 1971 Supreme Court Decision of Doubtful Vitality Thwarts § 1983 Liability for Mistaken-Identity Arrests and Stifles Development of Clear Constitutional Rules - Kafka would love qualified immunity.1 Not only does current…more

Arrest Warrants, Constitutional Challenges, Criminal Prosecution, Mistaken Identity, Qualified Immunity

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Anthony Ruiz

Working with Experts: Three Tips for Associates

Experts are a key part of any complex litigation. Being part of an expert team as an associate can mean taking charge of all the little (but still important) things: shuttling relevant documents to the expert, keeping track of…more

Discovery, Documentation, Expert Testimony, Expert Witness, Litigation Strategies

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Aiza Siddiqi

What Do the Supreme Court’s Decisions on COVID-19 Vaccine Mandates Mean for the American Workforce?

On January 13, 2022, the U.S. Supreme Court struck down one federal COVID-19 vaccine mandate (on large employers) while leaving another (on federally funded healthcare facilities) intact. On balance, these decisions curb federal…more

Biden Administration, Biden v Missouri, Centers for Medicare & Medicaid Services (CMS), Coronavirus/COVID-19, Employer Liability Issues

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Kelsey Simmerson

HOME FOR THE HOLIDAYS – The Biden Administration Will Allow Prisoners on Home Confinement Under the CARES Act to Stay Home After the COVID-19 Pandemic

For the second year in a row, people throughout the United States are navigating how to celebrate important holiday traditions safely with friends and family in light of COVID-19. This year, the Biden Administration has made…more

Biden Administration, CARES Act, Compassionate Use Act, Coronavirus/COVID-19, Criminal Justice Reform

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Jade Chong-Smith

In a win for defendants, the Supreme Court limits the aggravated identity theft statute and resulting prosecutorial plea-bargaining power

Federal prosecutors will now be cabined in their ability to use aggravated identity theft charges to pressure defendants to plead guilty to other offenses in exchange for avoiding the two-year mandatory minimum, mandatory…more

Criminal Convictions, Criminal Prosecution, Dubin v United States, Fraud and Abuse, Healthcare

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Bryan Thomson

Ten Years after Shelby County: The Effect of Ending Preclearance on Voting Rights

In 2013, a divided Supreme Court held in Shelby County v. Holder that Section 4(b) of the Voting Rights Act of 1965 was unconstitutional, ending its preclearance requirement in states with a history of discriminatory voting…more

Constitutional Safeguards, Discrimination, Preclearance, SCOTUS, Shelby v Holder

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Ivano Ventresca

Adding China-Specific Restrictions to the FCPA? The Implications of Sen. Rubio’s Proposal

A recently re-introduced bill by Senator Marco Rubio (R-FL) would seek to expand the reach of the Foreign Corrupt Practices Act (“FCPA”) over corporations operating in China..…more

China, Corporate Governance, Corruption, Enforcement Actions, Foreign Corrupt Practices Act (FCPA)

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Morris (Sandy) Weinberg Jr.

DOJ Unveils Enhanced White Collar Prosecution Focus at ABA National Institute on White Collar Crime

Recently, from March 2-4, almost 1,000 judges, federal prosecutors, federal public defenders, regulators, private practitioners, general counsel, and academics gathered in San Francisco for the 37th Annual American Bar…more

Coronavirus/COVID-19, Corruption, Criminal Investigations, Criminal Prosecution, Department of Justice (DOJ)

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