Expert Analysis

• Opinion

  A Legal Response To DeSantis Migrant Flights May Not Suffice

  

  The U.S. Supreme Court's 2020 analysis in the Bridgegate case may foreshadow challenges in carrying out the legal consequences of Florida Gov. Ron DeSantis’ alleged misuse of funds while relocating Venezuelan migrants to Massachusetts, making it an issue more for voters than the courts, says Bianca Forde at Otis Elevator.

• Why Steve Bannon Could Serve Probation Instead Of Jail Time

  

  Though prosecutors argue that a D.C. federal court must sentence Steve Bannon to at least one month in prison for his contempt conviction, an analysis of the Sentencing Guidelines and the relevant statutes and case law shows that probation is an option, says Steven Gordon at Holland & Knight.

• DOJ Digital Asset Recs Would Widen Prosecutorial Authority

  

  The U.S. Department of Justice’s recently released report on criminal activity related to digital assets makes a number of regulatory and legislative recommendations — all of which would significantly expand its ability to investigate and prosecute offenses that involve complex issues, such as peer-to-peer platforms and sentencing, say attorneys at Ballard Spahr.

• Minn.'s New Common Interest Doctrine: A Primer

  

  In its recent ruling in Energy Policy Advocates v. Ellison, the Minnesota Supreme Court adopted the common interest doctrine, extending confidentiality to communications between an attorney and client that include a third party — but successful use of the doctrine will require care, preparation and attention to detail, says George Singer at Ballard Spahr.

• More DOJ Scrutiny Complicates In-House Compliance Choices

  

  The U.S. Department of Justice’s plans to increase scrutiny of corporate compliance culture, with a particular focus on compensation and disciplinary action to incentivize good conduct, add challenges for internal compliance investigations, say Cormac Connor and Sal Hernandez at Husch Blackwell.

• No-Poach Plea Hiccups Point To DOJ's Unsound Theory

  

  After a series of setbacks, the U.S. Department of Justice could soon obtain its first no-poach conviction, but complications in a recent change-of-plea hearing demonstrate that the government’s problems may continue as long as it incorrectly insists that labor cases are the same as any other antitrust conspiracy, say Mark Butscha and Matthew Ridings at Thompson Hine.

• RICO Claims Against Cannabis Cos. Are Evolving

  

  A recently filed Racketeer Influenced and Corrupt Organizations Act suit, alleging that cannabis operators overstated the amount of THC in their products, differs significantly from racketeering claims filed against companies in the industry a few years ago, signaling a potential shift toward consumer fraud and product liability actions, say Ethan Feldman and Seth Goldberg at Duane Morris.

• What's Next For DOJ's COVID Enforcement In Health Care

  

  As we enter the end of the third year of the pandemic, a few fraud-related trends and risks have emerged, necessitating important steps that health care and life sciences companies should take in light of continuing U.S. Department of Justice scrutiny, say attorneys at Arnold & Porter.

• Beware Broad Scope Of Gov't Contract PAC Contribution Ban

  

  With the midterm elections quickly approaching, businesses looking to contribute to independent expenditure-only political action committees should note the broad definition of "government contract" in a spate of recent federal enforcement actions finding campaign law violations, say attorneys at Akin Gump.

• Opinion

  Mar-A-Lago And The Inherent Problems With DOJ Filter Teams

  

  A Florida federal court's decision to appoint a special master to screen the documents seized from former President Donald Trump's Mar-a-Lago estate for privilege is not an outcome normally seen in white collar practice, but it is a welcome change as there are three significant problems with government filter teams, say Jack Sharman and Mary Parrish McCracken at Lightfoot Franklin.

• When To Object During Opening And Closing Statements

  

  Many attorneys struggle with the determination of whether they should object to improper statements or comments during opening and closing arguments, and while it's more of an art than a science, several state appellate court decisions offer guidance, says Timothy Freeman at Tanenbaum Keale.

• Expect More DOJ Labor Market Enforcement, Despite Losses

  

  Though the U.S. Department of Justice faced trial setbacks earlier this year, it seems undeterred in its labor market enforcement, not only from investigating and prosecuting antitrust violations, but also in its efforts to generate precedent and drive doctrine around these issues, says Carsten Reichel at Norton Rose.

• FinCEN's No-Action Letter Plan May Have Limited Impact

  

  The Financial Crimes Enforcement Network's recently proposed no-action letter process for anti-money laundering compliance could provide clarity to financial services companies and promote their growth, but may also be limited by FinCEN's resources, approach and the lack of cross-regulator input, say Marc-Alain Galeazzi and Malka Levitin at MoFo.

• Steps Toward Eliminating Slavery In Apparel Supply Chains

  

  To minimize regulatory, operational and reputational risks associated with human trafficking activity, apparel companies should assess whether they have sufficiently robust and accurate reporting on their end-to-end supply chains, and ensure they can meet U.S. Customs and Border Protection evidentiary requirements, say consultants at FTI Consulting.

• Cannabis Moneyball Has Begun, And The Game Is Heating Up

  

  The burgeoning cannabis industry is much like baseball in its early years, with several state players working to come online, and rules being hammered out by state and federal regulators — though it will take some strategic moneyball for the industry to grow market share, earn customer loyalty and make it to home base, say John Oberle and Kristina Dahmann at Ice Miller.