White Collar

Expert Analysis

• CFTC's Silence Stings In Wheat Futures Manipulation Case

  

  The U.S. Commodity Futures Trading Commission v. Kraft and Mondelez case was expected to clarify new standards for prosecuting market manipulation, but instead ended in a settlement that failed to provide any guidance or context, and even barred the CFTC from publicly commenting on the case, says Braden Perry at Kennyhertz Perry.

• What 2 Recent OFAC Cases Say About Compliance Priorities

  

  Findings of violation issued by the Office of Foreign Assets Control earlier this month to U.S. companies DNI Express Shipping and Southern Cross Aviation are illustrative of the continued focus, by OFAC and other agencies, on completeness and accuracy in both responsive and voluntary disclosures, say attorneys at Akin Gump.

• Crisis Messaging To Protect Law Firm Brand And Bottom Line

  

  When crises occur, such as data security incidents or gender bias suits, a well-prepared law firm has a thoroughly tested communications plan at the ready, which ensures the firm is the most proactive news source, prevents the crisis from escalating and notifies stakeholders about mitigation efforts, says Zach Olsen at Infinite Global.

• The Escalating Sanctions Against Venezuela, Russia And Iran

  

  The past few weeks saw a flurry of activity demonstrating that imposition and enforcement of economic sanctions against Venezuela, Russia and Iran — and by extension China — continues to be a key driver for the Trump administration in confronting foreign policy challenges, say attorneys at Kirkland.

• Assessing The Cost, Legal Fallout Of Capital One Data Breach

  

  Following Capital One's recent massive data breach, Jack Lu of IPMAP estimates the incremental direct cost incurred for management of the breach and for post-breach legal and regulatory processes, shedding light on the economic and legal uncertainties.

• Perspectives

  What You Should Know About Courtroom Closures

  

  At attorney Greg Craig’s trial in D.C. federal court this week, the courtroom was cleared so prospective jurors could answer sensitive questions. Even seasoned litigators were left wondering about the nature of this subtle, yet significant, issue involving Sixth Amendment public trial rights, says Luke Cass at Quarles & Brady.

• Next US Move Against Iran Could Block Humanitarian Aid

  

  If the U.S. government uses its anti-money laundering authority under the USA Patriot Act to further isolate Iran, the consequences are likely to extend far beyond the purported aim of ensuring the exclusion of Iranian banks from the international financial system, says Jeremy Paner at Ferrari & Associates.

• Spacey Case Points To Cos.' Need To Preserve Devices, Data

  

  Criminal and civil proceedings against actor Kevin Spacey related to sexual assault allegations were recently dropped after the alleged victim’s mobile phone vanished. The lesson for companies is that employees’ use of personal devices and messaging apps for business purposes comes with legal risks, say Matt Horvitz and Nordo Nissi of Goulston & Storrs.

• Series

  Why I Became A Lawyer: A Seaweed Scientist's Odyssey

  

  In the early 1980s, I was working on my Ph.D. in marine biology and ecology. As part of an international team of scientists studying oil spill impacts on marine ecosystems, I saw a niche opportunity to combine science and law, says Andrew Davis of Shipman & Goodwin.

• DOJ Enforcement Insights From Poultry Price-Fixing Case

  

  The U.S. Department of Justice recently stayed the discovery process in the broiler chicken antitrust litigation in order to pursue a criminal investigation over the next six months. The potential crackdown on U.S. poultry companies demonstrates changing DOJ antitrust enforcement priorities, says Bill Dillon of Taylor English.

• Mistakes Vs. Falsehoods In Trade Controls Submissions

  

  Federal regulators have dramatically increased the number of economic sanctions enforcement actions this year — with many investigations focusing on whether companies have made false statements in submissions. There are seven key steps that companies can take to keep trade submissions accurate and reduce criminal liability, say attorneys at Covington.

• US V. Craig And The Criminalization Of Nondisclosure

  

  A D.C. federal court's recent decision in United States v. Greg Craig highlights important points about the contours of a concealment charge under the false statements statute — under which silence can be criminal — and indicates that deliberate engagement with a governmental unit can itself impose a duty to disclose, say Eric Nitz and Emily Damrau of MoloLamken.

• Durational Disconnect Between Cartel Pleas And Class Certs.

  

  Three key takeaways emerge from comparing class settlement time periods with related plea agreement time periods for the companies assessed the 40 largest fines by the U.S. Department of Justice for Sherman Act violations dating from 2005 to the present, says Jon Tomlin of Ankura Consulting.

• 5th Amendment Strategy For Parallel Civil, Criminal Litigation

  

  Whenever there is any prospect of criminal liability in civil litigation — as in the recent cases against Harvey Weinstein and former Theranos executives — it is important for both sides to understand the consequences of a party or key witness choosing to assert Fifth Amendment privilege, says Joshua Robbins at Greenberg Gross.

• Opinion

  Clients Benefit From Law Firm Expense Growth

  

  Although there continue to be corporate clients who are seduced by the idea that cheapest is always best when it comes to outside counsel, there are many negative implications on service delivery that result from myopically focusing only on cost reduction at the expense of quality and innovation, says Keith Maziarek at Katten Muchin.