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Criminal Prosecution Motion to Dismiss

Troutman Pepper

Navigating Civil Standing Requirements for Defense Success — RICO Report Podcast

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Join Troutman Pepper White Collar and Litigation Partner Cal Stein for a special podcast series, discussing the legal landscape surrounding the Racketeer Influenced and Corrupt Organizations Act (RICO). In this installment,...more

The Volkov Law Group

District Court Rejects Challenges to ITAR Criminal Charges

The Volkov Law Group on

On July 9, 2024, District Judge David Hale in Kentucky denied motions to dismiss and motions to suppress filed by four defendants against a criminal case involving ITAR charges for illegal exports of sensitive,...more

Ballard Spahr LLP

DOJ Gives Up on Its Sole Remaining Criminal No-Poach Prosecution

Ballard Spahr LLP on

Summary - Following a string of unsuccessful prosecutions in the labor space, the DOJ Antitrust Division moved this week to dismiss its last indicted criminal no-poach case, which had been pending against Surgical Care...more

ArentFox Schiff

Investigations Newsletter: Amici Seek Dismissal of Qui Tam Suit From High Court

ArentFox Schiff on

Headlines that Matter for Companies and Executives in Regulated Industries- Amici Seek Dismissal of Qui Tam Suit From High Court - Various medical, business and legal organizations are asking the US Supreme Court to...more

Oberheiden P.C.

Federal Grand Jury Indictment Defense Strategies

Oberheiden P.C. on

Federal criminal cases can broadly be divided into four phases: (i) the government’s investigation, (ii) grand jury proceedings, (iii) pretrial practice, and (iv) trial. The empanelment of a grand jury is a critical juncture,...more

White & Case LLP

How to Manage the Risks of SPAC Securities Fraud Actions in 2022

White & Case LLP on

In March 2021, White & Case published a client alert entitled "How SPACs Can Manage the Risks of White Collar Scrutiny." The article discussed the surge in interest and publicity surrounding "SPACs" (Special Purpose...more

The Volkov Law Group

District Court Upholds Criminal Antitrust Charges for Labor Price-Fixing

The Volkov Law Group on

The Antitrust Division won a preliminary skirmish against two co-defendants who challenged the criminal indictment against them charging price-fixing in the labor market. District Court Judge Mazzant, in the Eastern District...more

Dechert LLP

Federal Court Rejects DOJ’s Novel and Extraterritorial Effort To Extend FCPA Jurisdiction to Foreign Agents

Dechert LLP on

The United States District Court for the Southern District of Texas recently recognized new constitutional and extraterritorial limits on the FCPA. In an order entered November 10, 2021, the court held that it lacked...more

Proskauer - Minding Your Business

Expanding FSIA to Criminal Cases Would Not Save a Turkish Bank from U.S. Prosecution, Holds the Second Circuit

The Second Circuit recently held that a denial of a motion to dismiss a criminal indictment based on the Foreign Sovereign Immunities Act (“FSIA”) is immediately appealable under the collateral-order doctrine but concluded...more

Oberheiden P.C.

Indicted on Healthcare Fraud Charges? 5 Things to Expect & 3 Potential Outcomes

Oberheiden P.C. on

The U.S. Department of Justice (DOJ) is cracking down on healthcare fraud, and many providers are finding themselves facing serious allegations. This includes criminal allegations in many cases. If these allegations lead to a...more

The Volkov Law Group

False Claims Act 2019 Year in Review

The Volkov Law Group on

Jessica Sanderson, Of Counsel at The Volkov Law Group rejoins us for her annual review of False Claims Act enforcement. 2020 marks the 150th anniversary of the Department of Justice (“DOJ”), and it unwrapped a nice gift:...more

ArentFox Schiff

Investigations Newsletter: Third Circuit Holds False Claims Act Relator Lacks Standing and Right to Intervene in Related Criminal...

ArentFox Schiff on

Third Circuit Holds False Claims Act Relator Lacks Standing and Right to Intervene in Related Criminal Case - In a matter of first impression, the Third Circuit held last week that a relator who filed an action under the...more

Orrick - Trade Secrets Group

Huawei Alleges “Selective Prosecution” by the DOJ

In January of this year, the DOJ indicted the Chinese telecom giant Huawei on counts of theft of trade secrets conspiracy, attempted theft of trade secrets, wire fraud, and obstruction of justice. On August 1, Huawei moved to...more

Skadden, Arps, Slate, Meagher & Flom LLP

Cryptocurrency Litigation Update: Court Allows Government’s Criminal Case Against REcoin Founder to Proceed

On September 11, 2018, Judge Raymond J. Dearie of the U.S. District Court for the Eastern District of New York issued a new decision in U.S. v. Zaslavskiy, No. 1:17-cr-00647-RJD-RER, Dkt. No. 37 (E.D.N.Y. Sept. 11, 2018),...more

A&O Shearman

United States Moves To Dismiss Sole Remaining Charge In Long-Running Securities Fraud Case

A&O Shearman on

On July 30, 2018, federal prosecutors moved to dismiss the sole remaining charge of securities fraud against former bond trader Jesse Litvak, ending a five-year criminal case during which Litvak was twice convicted after...more

Goodwin

U.S. v. Zaslavskiy: DOJ and SEC Coordination in Enforcing the Securities Laws over Token Sales

Goodwin on

In the fall of 2017, the United States Department of Justice (“DOJ”) and the Securities and Exchange Commission (“SEC”) each filed actions against Maksim Zaslavskiy for securities fraud in connection with two token offerings,...more

Dechert LLP

Stage Set for Second-Ever Criminal Spoofing Trial

Dechert LLP on

A judge in the District of Connecticut paved the way last month for what the U.S. Department of Justice (DOJ) has described as “the second spoofing case that will go to trial in the country.” By denying the defendant’s motion...more

Patterson Belknap Webb & Tyler LLP

The Klansman and His Death Ray: Second Circuit Affirms Conviction and Sentence in Bizarre Domestic Terrorism Plot

In United States v. Crawford, 16-4261-cr (Kearse, Cabranes, Wesley), the Second Circuit affirmed via summary order the terrorism-related conviction and sentence of a Klansman in upstate New York. This case represented the...more

Sherman & Howard L.L.C.

Violence Against Women

The facts alleged are horrific. A supervisor had a history of screaming obscenities and throwing things at women who worked for him. The employer sent him to anger management classes. His preferred victim was seven months...more

Cole Schotz

Affirmed: New York’s Application of the In Pari Delicto Doctrine Bars Faithless Servant Claim and Bankruptcy Insider Exception

Cole Schotz on

A recent decision of the United States District Court for the Southern District of New York (the “District Court”), affirming a decision of the United States Bankruptcy Court for the Southern District of New York (the...more

Seyfarth Shaw LLP

California Federal Courts Reiterate: Unless Computer Hacked, Computer Fraud and Abuse Act Permits Misuse Of Electronic Information

Seyfarth Shaw LLP on

In United States v. Nosal, 676 F.3d 854 (9th Cir. 2012) (en banc), the court held that the Computer Fraud and Abuse Act, 18 U.S.C. § 1030, prohibits unlawful access to a computer but not unauthorized use of computerized...more

FordHarrison

Confidential Documents Potentially Safer From Employee Misappropriation Says New Jersey's Supreme Court

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On the heels of an appellate decision providing employees a virtual how-to manual to misuse and exploit confidential employer documents and safely provide them to a competitor, New Jersey's Supreme Court reversed course last...more

Shumaker, Loop & Kendrick, LLP

Error to Dismiss for Lack of Prosecution at Case Management Conference

After Plaintiff failed to attend a case management conference, the trial court issued an order which stated in its entirety: Neither plaintiff nor defendant appeared at duly set status conference. Whereas this...more

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