Expert Analysis

• Criminal Vs. Civil Liability Amid Growing Crypto Enforcement

  

  Amid growing crypto enforcement and new resources at the U.S. Department of Justice, cryptocurrency market participants should understand the ways in which regulators and prosecutors collaborate in parallel criminal and civil investigations — and how the DOJ’s criminal tools are broader and more intrusive than agencies’ civil actions, say attorneys at WilmerHale.

• Expect More CPSC Litigation, Regulation, Penalties In 2023

  

  According to its recently issued operating plan, the U.S. Consumer Product Safety Commission will take a hard and fast approach to product safety in 2023 — with enforcement as a top priority, and all cases evaluated for potential referral for criminal prosecution — so ensuring compliance will be paramount for companies, say attorneys at Morgan Lewis.

• Opinion

  Law Schools Must Prep Students To Tackle Gun Violence

  

  Given that Gen Z — the so-called mass shooting generation — is now of law school age, it's time for schools to invest more in courses, clinics and other resources to prepare their students to enter the growing field of gun violence prevention litigation, says Kaivan Shroff at Everytown for Gun Safety.

• Florida's Medical Marijuana Industry: 2022 In Review

  

  2022 saw the medical marijuana market in Florida continue with several measured steps forward, bringing with it a host of new business opportunities and litigation challenges — and leaving open questions about adult-use legalization, says Richard Blau at GrayRobinson.

• What New Federal Child Sex Abuse Law Changes For Plaintiffs

  

  Though the recently passed Eliminating Limits to Justice for Child Sex Abuse Victims Act now gives adult abuse survivors an alternate venue for seeking justice by filing federal civil suits decades after childhood incidents, the law is not without faults, says Douglas Rochen at Abir Cohen.

• Preventing Loss Miscalculation In Gov't Contract Fraud Cases

  

  As the U.S. Department of Justice intensifies its focus on pandemic-related fraud in government contracting, defense attorneys should understand how to counter prosecutorial attempts to miscalculate losses by invoking provisions of the U.S. sentencing guidelines where they do not apply, says Jade Chong-Smith at Zuckerman Spaeder.

• Series

  My Favorite Law Prof: How I Learned To Argue Open-Mindedly

  

  Queens College President Frank Wu reflects on how Yale Kamisar’s teaching and guidance at the University of Michigan Law School emphasized a capacity to engage with alternative worldviews and the importance of the ability to argue for both sides of a debate.

• Cannabis Cos. Must Brace For Emerging Product Risks

  

  A new breed of lawsuit that relies on emerging research linking high-THC products to cardiovascular conditions, mental health issues and other susceptibilities may result in enormous liability for which cannabis and hemp companies are currently unprepared, say attorneys and risk managers at Wilson Elser and National Cannabis Risk Prevention Services.

• 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.