White Collar

Expert Analysis

• Advancing The Dialogue About Supply Chain Risks

  

  The attention generated by last summer's "Deliver Uncompromised" initiative from the Defense Department has sparked a critically important dialogue among government agencies, industry and Congress about how to address supply chain integrity without breaking the country’s procurement system, say attorneys at Hogan Lovells.

• A Brief Exploration Of Privilege Nuances In The Tax Context

  

  Attorneys at Ropes & Gray LLP discuss three key cases highlighting the practical implications of client waivers and the crime-fraud exception to attorney-client and tax practitioner privileges.

• Fresh Takes On Seeking Costs And Fees Under Rule 45

  

  Recent case law reveals that courts vary widely in their approaches to shifting the costs and fees incurred in responding to a Federal Rule of Civil Procedure 45 subpoena. Nonparties responding to such requests should consider certain district court trends, say attorneys at Pepper Hamilton LLP.

• 10th Circ. Engages Superstorm Scalia With New 'Monsoon'

  

  The Tenth Circuit's recent extraterritorial application of securities law against Traffic Monsoon LLC and its founder was arguably inconsistent with the statutory text being examined. This case could bring the crux of Justice Antonin Scalia’s opinion in Morrison v. National Australia Bank back to the U.S. Supreme Court, says Timothy Work of Steptoe & Johnson LLP.

• Big Change For Witness Privilege In House Investigations

  

  New rules in the U.S. House of Representatives drastically increase committees’ investigative power by allowing staff to conduct depositions without members present and making it considerably easier for committees to overrule privilege objections during depositions, say Sam Dewey and Llewelyn Engel of McDermott Will & Emery LLP.

• Series

  Judging A Book: Smith Camp Reviews 'Echo Of Its Time'

  

  "Echo of Its Time" is the story of Nebraska’s federal district court from statehood in 1867 to the demise of Prohibition in 1933. Professors John Wunder and Mark Scherer have written an objective, unsentimental and insightful history, layered with context and rich in character study, says U.S. District Judge Laurie Smith Camp of the District of Nebraska.

• Securities Class Action Filings Show No Signs Of Abating

  

  The number of securities class action filings has remained high over the last year, and this trend is likely to continue, particularly if the markets remain volatile. But the good news for corporate America is that the number of dismissals also appears to be increasing, say attorneys at Skadden Arps Slate Meagher & Flom LLP.

• Linguistic Clues In Mueller Subpoena Case

  

  What country is "Country A" in Special Counsel Robert Mueller’s investigation? Publicly available court opinions and filings are heavily redacted, but two patterns emerge upon a close reading of the unredacted language, says Kristina Arianina of Squire Patton Boggs LLP.

• It's 2 Steps Forward, 1 Step Back For The Cannabis Industry

  

  The cannabis industry has seen enormous progress of late but uncertainty remains. Business owners still face questions such as how to apply generally accepted inventory accounting rules and cooperate during an Internal Revenue Service audit without risking criminal prosecution, says Jennifer Benda of Fox Rothschild LLP.

• Guest Feature

  'The Mooch' Talks Mayhem, Con Law, Lessons From Harvard

  

  Anthony Scaramucci is probably best known for the 11 days he spent as White House director of communications in 2017. But when White and Williams LLP attorney Randy Maniloff sat down to chat with "the Mooch," he was interested in hearing a different story.