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Fifth Amendment › Self-Incrimination › Securities and Exchange Commission (SEC)

McGuireWoods LLP

The Perils of Pleading the Fifth in the Corporate Fraud Context

McGuireWoods LLP on

“Pleading the Fifth” is one of the most commonly known phrases in our legal system, and the right against self-incrimination is one of the Constitution’s most meaningful protections. That said, in the corporate fraud context,...more

Vinson & Elkins LLP

Defending On All Sides: Common Discovery Perils In Parallel Civil And Criminal Cases

Vinson & Elkins LLP on

On March 11, 2021, the U.S. District Court for the Eastern District of New York granted a stay in the civil case brought by the Securities and Exchange Commission (“SEC”) against GPB Capital Holdings, LLC (“GPB Capital”),...more

Ward and Smith, P.A.

A Parallel Universe: Navigating Discovery in Concurrent Civil and Criminal Proceedings

Ward and Smith, P.A. on

As criminal law has expanded into almost every sector of the American economy, one byproduct is the rise of "parallel proceedings"—lawsuits that proceed concurrently in criminal and civil court based on largely the same...more

Proskauer on Privacy

District Court Rules That Smartphone Passcodes Are Testimonial; Protected by Fifth Amendment

Proskauer on Privacy on

In Securities and Exchange Commission v. Huang, the district court held that the Fifth Amendment protected two former employees against having to disclose their personal passcodes for company-issued smartphones to government...more

Mintz - Securities & Capital Markets...

Just How Scary is the SEC? “Fear” Not Sufficient Grounds to Duck Administrative Subpoena

Mintz - Securities & Capital Markets... on

A witness testifying under oath before the SEC recently refused to answer any questions directed to him, not because of any privilege, but rather — as he said, sixty-eight different times – because he was “scared” and...more

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