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PRACTICE COLUMNS
White Collar
White-Collar Defendants Find Benefits in Supreme Court's Sentencing Decisions
Friday, May 23, 2008
When the Supreme Court declared in United States v. Booker that the mandatory application of the federal sentencing guidelines was unconstitutional, many white-collar criminal defense attorneys hoped that judges would free themselves of the shackles of the rigid formulas employed by the guidelines.
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Recent High Court Decisions May Help or Hurt Antitrust Defendants
Tuesday, April 29, 2008
In two decisions handed down last year, the U.S. Supreme Court addressed the question of how much weight a district court should accord the U.S. Sentencing Guidelines, which the court made advisory rather than mandatory in its 2005 decision United States v. Booker. This article examines the effect of those decisions on antitrust defendants.
Prosecutors Aggressively Pursue Trade Secret Thieves
Wednesday, March 26, 2008
Federal prosecutors aggressively prosecute the theft of trade secrets using the Economic Espionage Act of 1996. Penalties for violations are quite severe. This article describes the act and discusses some noteworthy local cases.
DPAs, NPAs Face Scrutiny as Their Numbers Increase
Wednesday, February 27, 2008
The government increasingly resolves corporate criminal investigations by entering into deferred prosecution agreements (DPAs) or nonprosecution agreements (NPAs).
The Government's Latest Conquest: Medical Device Manufacturers
Wednesday, January 23, 2008
Through recent settlements with Medtronic and Advanced Neuromodulation Systems (ANS), the federal government has served notice that it has focused its withering enforcement gaze on medical device manufacturers.
Businesses Beware: Penalties Climb for Export Law Violations
Wednesday, December 26, 2007
The government is significantly stepping up its enforcement of export laws and regulations.
Credibility and a Grasp of the Other Side Can Help Defense Counsel
Wednesday, November 28, 2007
Federal white collar prosecutors like me constantly make judgment calls in the course of their daily work.
Municipal Bonds Under Federal Microscope
Wednesday, October 24, 2007
This summer, while the baseball world was focused on Barry Bonds, the white collar world was focused on municipal bonds. This occurred because the federal government has significantly stepped up its enforcement in this arena.
U.S. Supreme Court Continues to Clarify Post-Booker Sentencing
Wednesday, September 26, 2007
Three years after the U.S. Supreme Court's decision in United States v. Booker made the sentencing guidelines advisory rather than mandatory, the fallout continues.
Burdens Added for Employers to Verify Workers’ Immigration Status
Wednesday, August 22, 2007
Civil and criminal prosecutions against companies for employing illegal workers are on the rise.
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