White Collar

Expert Analysis

• Remembering Justice Stevens As A Law Firm Leader

  

  Rothschild Barry's John Coffey, who joined Justice John Paul Stevens' law firm in 1965, shares what it was like to watch Justice Stevens practice law, mentor younger lawyers and land a malfunctioning plane.

• 8 Key Elements Of An Effective Antitrust Compliance Program

  

  Based on our reading of last week’s antitrust compliance guidance from the U.S. Department of Justice, there are several important factors that organizations should consider as they assess whether their current program is up to snuff, say Herbert Allen and Alexa DiCunzolo at Polsinelli.

• 5 Takeaways From DOJ Focus On Chinese Trade Secret Theft

  

  Since its official announcement of the China Initiative eight months ago, the U.S. Department of Justice has publicized the initiation of six new cases that include references to both trade secrets and China. These shed some light on DOJ and U.S. business priorities, says Sara O’Connell at Pillsbury.

• The DOJ's Changing Expectations For Antitrust Compliance

  

  Last week, the U.S. Department of Justice reversed its long-standing policy of insisting on guilty pleas for criminal violations of the antitrust laws from companies that do not otherwise qualify for leniency. This shift opens a new path to deferred prosecution agreements for companies with "effective" antitrust compliance programs, say Renata Hesse, Benjamin Walker and Nicholas Menillo at Sullivan & Cromwell.

• Answers To Key Legal Finance Ethics Questions

  

  While there is discussion in some quarters about new regulations on commercial legal finance, the hands-off approach taken by the majority of courts and legislatures is an implicit recognition that it is already sufficiently regulated, says Danielle Cutrona of Burford Capital.

• Inside A Closely Watched FCA And FIRREA Decision

  

  Last week’s district court decision in Luce v. U.S. interprets a stricter standard of causation for False Claims Act cases and, significantly, makes a helpful contribution to a dearth of case law interpreting the Financial Institutions Reform, Recovery and Enforcement Act’s penalty provisions, says Derek Adams of Feldesman Tucker.

• Federal Agencies Need A Uniform Record-Keeping Process

  

  The administrative record is very important to federal agency litigation — as showcased in last month's U.S. Supreme Court decision concerning the addition of a citizenship question to the 2020 census — yet there is no set of consistent principles to guide agencies in compiling these official records, say attorneys at WilmerHale.

• What To Know About Pending Insider Trading Legislation

  

  Recently introduced in the U.S. House of Representatives, the Insider Trading Prohibition Act will represent a potentially significant clarification of U.S. insider trading laws if it proceeds further. And it could be viewed as extending criminal liability to “reckless” conduct, say attorneys at Cleary.

• Opinion

  The Mueller Report Makes A Case For Impeachment

  

  In advance of special counsel Robert Mueller's testimony before the House Judiciary and Intelligence Committees, it is useful to review how specific allegations from his report provide powerful support for articles of impeachment against President Donald Trump, says attorney Barbara Radnofsky.

• The Role Of Dictionaries In Last Term's High Court Decisions

  

  Since 32 of the 67 decisions issued by the U.S. Supreme Court during its October term cite dictionaries, it’s worth reviewing the opinions to learn which dictionaries the justices consulted and how they used them, say Bruce Wessel and Brian Weissenberg of Irell & Manella.

• How To Evaluate The Rise In Legal Employment

  

  Although the rate of employment for law school graduates — which had been falling steadily — saw a small increase over the last year, other factors, such as fewer graduates overall and potential future job growth stagnation, temper the good news for those pursuing law degrees, say Tiffane Cochran and Tyler Grimm of AccessLex Institute.

• Revenge Porn Can Be Outlawed Under The First Amendment

  

  To date, 46 states and the District of Columbia have passed needed legislation penalizing nonconsensual distribution of pornographic images of another person, but constitutionally outlawing this phenomenon is tricky and some statutes will likely be struck down, says Nicole Ligon, supervising attorney of the First Amendment Clinic at Duke Law.

• When FCPA Violations Turn Into Private Securities Cases

  

  In recent cases like Doshi v. General Cable Corp., plaintiffs attorneys have tried to use company disclosures of government investigations or settlement agreements with regulators to craft private claims for corporate bribery. There are a few things companies might consider to limit their exposure to such claims, say attorneys at DLA Piper.

• Opinion

  The Business Case For Championing Diverse Legal Teams

  

  Leveraging the collective strengths of a diverse workforce is not only the right thing to do, it’s a strategic imperative for any successful firm or business, says Louise Pentland, executive vice president and chief business affairs and legal officer of PayPal.

• Sanctions On Iran’s Supreme Leader: A Limited Escalation

  

  Last month, the U.S. Treasury Department’s Office of Foreign Assets Control announced sanctions on Iran’s Supreme Leader Ali Khamenei and on the Supreme Leader's Office. While the effort is notable for targeting prominent Iranian government officials, the practical impacts are fairly limited, say Daniel Waltz and Laura Klick of Squire Patton.