White Collar

Expert Analysis

• New Criminal Rule 5(f) Could Alter Brady Disclosure Timing

  

  A recent congressional amendment to Federal Rule of Criminal Procedure 5(f) highlights the importance of Brady material and may significantly change when prosecutors must produce exculpatory materials to defendants, but to avoid a patchwork of local standards, the rules committee should consider adopting a national standard, say John Siffert and Brice Jastrow at Lankler Siffert.

• 7 Tips For Predeposition Meetings Under New Federal Rule

  

  Attorneys can use a new predeposition meet-and-confer obligation for federal litigation — taking effect Tuesday — to better understand and narrow the topics of planned testimony, and more clearly outline the scope of any discovery disputes, says James Wagstaffe at Wagstaffe von Loewenfeldt Busch.

• How To Prepare For Congressional Investigations In 2021

  

  Congressional investigations in the health care, financial services, fossil fuel and technology sectors are likely to intensify next year amid a highly partisan environment, and companies that may be targets should get ready for testimony and document production well before an inquiry, say attorneys at Hogan Lovells.

• What To Expect From Federal Agency Leadership Changes

  

  Attorneys at Morgan Lewis discuss how quickly companies may see policy changes from new leadership at the U.S. Department of Treasury, U.S. Department of Justice, U.S. Department of Labor, U.S. Equal Employment Opportunity Commission and National Labor Relations Board after the Biden administration takes office.

• Opinion

  NY Right To Investigate Trump Consulting Fees For Tax Fraud

  

  New York authorities correctly put aside political considerations and took the appropriate first step in any tax fraud investigation by seeking bank and corporate records to investigate potential connections between Trump Organization write-offs and income mirrored by Ivanka Trump's consulting company, says Daren Firestone at Levy Firestone.

• Ethics Reminders As Employees Move To Or From Gov't

  

  Many organizations are making plans for executives to go into government jobs, or for government officials to join a private sector team, but they must understand the many ethics rules that can put a damper on just how valuable the former employee or new hire can be, say Scott Thomas and Jennifer Carrier at Blank Rome.

• Even In Tropical Florida, Courts Can Still Freeze Debtor Assets

  

  As Florida continues to draw new residents, those attracted by the assumption that it is a debtor-friendly locale are in for a surprise as the state's courts can, and do, recognize and enforce foreign judgments, asset freezes and injunctions, say John Chapman and Benjamin Taormina at Holland & Knight.

• A Key To Helping Clients Make Better Decisions During Crisis

  

  As the pandemic brings a variety of legal stresses for businesses, lawyers must understand the emotional dynamic of a crisis and the particular energy it produces to effectively fulfill their role as advisers, say Meredith Parfet and Aaron Solomon at Ravenyard Group.

• A Forgotten But Effective Tool Against Opioid Scams

  

  With the pandemic contributing to rising rates of opioid and substance use disorders, prosecutors should consider the regrettably underused Eliminating Kickbacks in Recovery Act as a tool for targeting and shutting down body brokers and others in the treatment industry that place profits above patients, say Michael Adelberg and Matthew Rubin at Faegre Drinker, and Melissa Garrido at Boston University.

• What To Expect From DOJ Enforcement Under Biden

  

  Companies shouldn't fear a rapid uptick in overall corporate enforcement actions by the U.S. Department of Justice under a new Democratic administration, but should anticipate a shift in focus away from immigration cases toward COVID-19-related fraud and civil rights reform, say Sandra Moser and Kenneth Polite at Morgan Lewis.

• Ethics Considerations For Law Firms Implementing AI

  

  Richard Finkelman and Yihua Astle at Berkeley Research Group discuss the ethical and bias concerns law firms must address when implementing artificial intelligence-powered applications for recruiting, conflict identification and client counseling.

• Uncertainty Around Border Phone Search Standard Continues

  

  The U.S. Supreme Court's recent cert denial in Williams v. U.S. continues confusion on the level of suspicion required for border agent electronic device searches, so international travelers should take steps to protect their sensitive information, say Alexander Lawrence and Sara Stearns at MoFo.

• Tech Cos. Could Face Stiffer SEC Enforcement Under Biden

  

  Ahead of President-elect Joe Biden's appointment of a new U.S. Securities and Exchange Commission chair, Silicon Valley should expect greater scrutiny of whistleblowers, earnings management, risk disclosures and insider trading — all potentially influenced by the federal courts in serving as a check on the agency's enforcement, say attorneys at MoFo.

• Picking The Right Location And Tools For Virtual Courtrooms

  

  Attorneys should consider the pros and cons of participating in virtual court proceedings from home versus their law firm offices, and whether they have the right audio, video and team communication tools for their particular setup, say attorneys at Arnold & Porter.

• 5 Red Flags For Pandemic-Related Investment Scams

  

  As the U.S. Securities and Exchange Commission clamps down on fraudsters seeking funding for pandemic-related products and services, several warning signs can help identify investment scams, says Alan Rosca at Goldman Scarlato.