White Collar

Expert Analysis

• Opinion

  DC Court Is Wrong On Jan. 6 Grand Jury Evidence Sharing

  

  The D.C. federal court erred recently when it denied the government's request to share grand jury materials from U.S. Capitol riot cases with a private contractor hired to organize the voluminous evidence, turning the practical grand jury secrecy doctrine into a straitjacket, says Steven Gordon at Holland & Knight.

• A Potential Shift In Antitrust Deferred Prosecution Agreements

  

  The U.S. Department of Justice's deferred prosecution agreement with Argos suggests that the Antitrust Division may be changing its approach to evaluating compliance policies, placing less emphasis on a program's adequacy at the time of the offense, say attorneys at McDermott.

• What To Expect Under New SEC Enforcement Director Grewal

  

  Newly appointed U.S. Securities and Exchange Commission Director of Enforcement Gurbir Grewal’s record as a public servant provides insight into the SEC’s likely priorities for the coming year, and firms should expect him to work closely with Chair Gary Gensler in pursuing an aggressive enforcement agenda, say attorneys at Ropes & Gray.

• Responding To Fraud Charges Based On Trade Data Analytics

  

  Anthony Barkow and Charles Riely at Jenner & Block examine recent charges against a Canadian hedge fund manager to highlight how defense practitioners can appraise suspicious trading pattern evidence gleaned from the U.S. Securities and Exchange Commission's data analytics.

• How Tax Code Changes Affect State AG Settlement Talks

  

  Meghan Stoppel and Gianna Puccinelli at Cozen O'Connor discuss how newly implemented tax code regulations that allow companies to deduct some payments made to resolve a government investigation or prosecution will change settlement negotiations with state attorneys general.

• Law Firms, Know Who's Responsible For Your Cloud Security

  

  Lawyers generally know that files go into the cloud and that the files are then secured and protected, but it's necessary for firms to take a closer look at their cloud supply chain and then come up with a responsibility matrix that helps mitigate any potential risks or weaknesses, says Martin Ward at iManage.

• Benefits For Law Firms Venturing Into New Services

  

  By offering more services, law firms can deepen and strengthen their client relationships and truly become an extension of their clients' teams while generating new revenue streams, and while there are risks associated with expanding into consulting, they may be worth it, says Lou Ramos at Major Lindsey.

• How Anti-Corruption Push Affects US Cos. Operating Abroad

  

  A recent Biden administration memo, and an anticipated increase in enforcement related to transnational fraud, money laundering and corruption, means that U.S. companies and financial institutions with operations abroad should take concrete steps to stave off U.S. Department of Justice scrutiny, says Andrey Spektor at Bryan Cave.

• The Texas Legal Battle That Absent Legislators Could Face

  

  As the Texas governor plans to arrest the more than 50 Democratic members of the Texas House of Representatives who left the state to deny Republicans a quorum to pass new voting rules, there is the potential for a constitutional stalemate between the Legislature's authority to compel a quorum and the courts' habeas powers, say Matt Hennessy and David Gerger at Gerger Hennessy.

• Series

  Embracing ESG: Exelon GC Talks Diversity Initiatives

  

  Executing a commitment to diversity, equity and inclusion programming, through recruitment, inclusive legal pipelines and community empowerment via pro bono efforts, can ensure a strong environmental, social and governance proposition, says Gayle Littleton at Exelon.

• How Tech Cos. Can Guard Against DOJ Gag Orders

  

  In light of recent criticism technology companies have faced over compliance with Stored Communications Act nondisclosure orders from the U.S. Department of Justice, companies can protect themselves and their customers through formal policies, contractual provisions and First Amendment challenges, say Kellen Dwyer and Kim Peretti at Alston & Bird.

• Revamping Law Firm Marketing Lists — With Partner Buy-In

  

  Jackson Lewis’ Paige Bowser shares lessons from the firm's recent overhaul of an outdated email marketing database, including tips for getting partners on board, ensuring compliance with privacy laws and augmenting outreach strategies.

• First 2021 Corporate FCPA Case Offers Compliance Reminders

  

  Foster Wheeler's recent Foreign Corrupt Practices Act settlement — the first corporate enforcement action since President Joe Biden took office — highlights the FCPA risks related to public contracting and tenders, the use of third-party agents, successor liability following M&A activity, and the U.S. authorities' aggressive assertion of jurisdiction in international corruption cases, says Robert Johnston Jr. at Lowenstein Sandler.

• NFTs May Come With Rewards, But Also Legal Risks

  

  While some buyers of nonfungible tokens are experiencing enormous returns on their investments, those just entering the market should proceed with caution, and be sure to understand the risks related to contracts, taxation, intellectual property and money laundering regulations, says Anne-Laure Alléhaut at Patterson Belknap.

• Gov't Contractor Input Vital After Biden Cybersecurity Order

  

  The Office of Management and Budget's upcoming recommendations for improving U.S. cybersecurity defenses, following President Joe Biden's recent executive order, could create burdensome obligations for government contractors, so it's important for the government to actively engage with the industry during the rulemaking process, say executives at Leidos.