Expert Analysis

• 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.

• Perspectives

  ABA's New Anti-Bias Curriculum Rule Is Insufficient

  

  The American Bar Association's recently approved requirement that law schools educate students on bias, cross-cultural competency and racism, while a step in the right direction, fails to publicly acknowledge and commit to eradicating the systemic racial inequality in our legal system, says criminal defense attorney Donna Mulvihill Fehrmann.

• DOJ's Crypto Team Signals New Era Of Enforcement

  

  A series of recent developments at the newly formed National Cryptocurrency Enforcement Team demonstrates that the U.S. Department of Justice is intensifying its enforcement strategy as the use of virtual currency moves further into the mainstream, say attorneys at Paul Hastings.

• Why US Businesses May Stop Accepting Cryptocurrency

  

  New reporting requirements from the IRS and Financial Crimes Enforcement Network could be game changers that dramatically curtail U.S. businesses that accept cryptocurrency, says cybersecurity consultant John Reed Stark.

• Product Liability Risks Cannabis Companies Must Consider

  

  The expanding and profitable markets for cannabis and CBD products, coupled with unknowns regarding potential side effects and safety, make future product liability litigation likely, so companies in this space must understand where the legal risks lie and how to prepare for them, say David Kerschner and Aaron Levine at Arnold & Porter.

• Opinion

  Implementing McGirt Can Provide Tribal Self-Determination

  

  Following a recent string of tribal reservation rulings from the Oklahoma Court of Criminal Appeals, the federal government should apply the U.S. Supreme Court’s 2020 ruling in McGirt v. Oklahoma in order to allow for meaningful tribal self-determination in the provision of criminal justice, says Stephen Greetham at the Chickasaw Nation.