White Collar

Expert Analysis

• Digital Data Privacy One Year After Carpenter

  

  Lower courts have begun to grapple with the implications of the U.S. Supreme Court's 2018 decision in Carpenter v. United States, which concerned the constitutional limits on government acquisitions of digital data. On the anniversary of the decision, Jonathan Cedarbaum, Nina Cahill and Sam McHale of WilmerHale analyze defendants' attempts to extend Carpenter's holding.

• High Court's 'Separate Sovereigns' Ruling Is Good For Tribes

  

  The U.S. Supreme Court's decision in Gamble v. U.S. — reaffirming the so-called separate sovereigns doctrine — preserves tribal prosecutors' autonomy and ability to respond promptly to offenses without worrying about the legal repercussions on federal prosecutions, say Steven Gordon and Philip Baker-Shenk of Holland & Knight.

• DOJ's Citgo Case Highlights Reach, And Limits, Of FCPA

  

  The bribes a Miami businessman recently admitted paying to executives of gasoline retailer Citgo violated the Foreign Corrupt Practices Act, because Citgo is owned by the Venezuelan government. But there is scant case law for the U.S. Department of Justice to rely on in a case against Citgo itself, says Timothy Belevetz of Ice Miller.

• The Fight Over DOJ's New Wire Act Opinion Continues

  

  While the New Hampshire Lottery Commission secured an early victory this month in the court battle over the U.S. Department of Justice's drastic November 2018 shift on the Wire Act, the gambling industry remains stranded in limbo, say Christopher Tellner and Katharine Fogarty at Kaufman Dolowich.

• 5 Ways Law Firms Can Improve Their Job Interviews

  

  When evaluating potential new hires, law firms should utilize structured interviews in order to create a consistent rating system that accurately and effectively assesses candidates' skills and competencies, says Jennifer Henderson of Major Lindsey.

• A Rare Antitrust Deferred Prosecution Agreement From DOJ

  

  The significant question raised by Heritage Pharmaceuticals' deferred prosecution agreement — the U.S. Department of Justice Antitrust Division's first DPA with a company other than a bank — is whether it signals a broader openness to such agreements by the division, say Peter Huston and Alex Bourelly at Baker Botts.

• Opinion

  Retailers Should Stay Away From Cryptocurrency

  

  A number of big-name retailers are reportedly poised to begin accepting bitcoin and other digital currency, but given cryptocurrency's complete and utter lack of oversight, these companies run a perilous gamut of legal, regulatory, financial, ethical and reputational dangers, says cybersecurity consultant John Reed Stark.

• The SEC Is Cracking Down On Insider Trading By Lawyers

  

  A recent series of actions brought by the U.S. Securities and Exchange Commission suggests that insider trading by lawyers may be on the rise. Legal departments and law firms should understand the four types of cases the SEC is pursuing in this area, says Daniel Hawke of Arnold & Porter.

• Series

  Why I Became A Lawyer: A Fateful Phone Call

  

  When I was growing up, my mother was always the more mild-mannered parent. But during a trans-Atlantic phone call in 1991, when I told her I wanted to go to culinary school instead of law school, she started yelling — at a volume I had never heard from her, says Jason Brookner of Gray Reed.

• Law Firms Can Do Better With Their Mentoring Programs

  

  There are a few practical, proactive steps law firms can take to create a mentoring program that pays dividends — instead of creating a mediocre program that both parties see as an obligation, says Kate Sheikh of Major Lindsey & Africa.

• The Latest Developments In Criminal Cases Against Execs

  

  This spring, there was some noteworthy news in white collar government investigations impacting executives, including the first successful prosecution in the opioid bribery scheme and the first criminal charges for failure to report under the Consumer Product Safety Act, say attorneys at Miller & Chevalier.

• 'Rocket Docket' Justifies Its Name For 11th Straight Year

  

  The U.S. District Court for the Eastern District of Virginia “rocket docket” is still the fastest federal civil trial court in the country despite some recent trends causing its median time to trial to grow to 13.2 months, says Robert Tata of Hunton.

• Opinion

  FARA Enforcement Is No Slam-Dunk For Prosecutors

  

  What support is there for the government’s recent theories of criminal liability under the Foreign Agents Registration Act? There are two possibilities, neither of which stands up to scrutiny, says Jay Nanavati of Kostelanetz & Fink.

• What Securities Pros Need To Know About SEC Data Analytics

  

  The U.S. Securities and Exchange Commission’s data analytics efforts have been repeatedly cited in SEC press releases announcing successful investigations and cases. Understanding the commission's work in this area is essential for compliance professionals at investment advisers and broker-dealers, say Charles Riely and Danielle Muniz of Jenner & Block.

• Measuring The Value Of A Law Firm's Social Media Efforts

  

  Most legal marketers struggle to show the return on investment of their social media efforts, but establishing and answering several key questions can help demonstrate exactly how social media programs contribute to a law firm's bottom line, say Guy Alvarez of Good2bSocial and communications consultant Tom Orewyler.