New Amendments to Sentencing Guidelines for Securities Cases
The Legal Intelligencer
Wednesday, October 24, 2012
A cocktail of events — including the economic downturn, financial scandals rooted in events that sometimes escaped the initial attention of regulators, and media-friendly criminal trials involving a mix of high-profile professionals and wiretap evidence that historically has been reserved for prosecuting more traditional criminal organizations — has helped fuel the stated desires of Congress and the executive branch to combat securities fraud more aggressively.
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Protocol for Discovery of Electronic Data in Criminal Cases
The Legal Intelligencer
Wednesday, August 22, 2012
Increasingly, criminal lawyers — like their civil counterparts — are faced with legal and practical problems flowing from the potential enormity of the electronically stored information (ESI) involved in discovery.
Courts Show Continued Deference to Broad Electronic Searches
The Legal Intelligencer
Wednesday, December 21, 2011
Computers and related digital devices like smartphones store increasingly massive amounts of business and personal data.
'U.S. v. Norris': An Attack on the Attorney-Client Privilege?
The Legal Intelligencer
Tuesday, July 5, 2011
Executives beware. That is the message delivered by the 3rd Circuit recently with respect to communications between corporate officers or employees and outside corporate counsel.
Don't Shoot the Plaintiff: The New Regime in Federal Pleading
The Legal Intelligencer
Wednesday, June 30, 2010
Testifying at a congressional hearing last fall on federal court pleading standards, Arthur R. Miller of NYU Law School, a leading authority on American civil procedure, recounted the steady movement of case disposition earlier and earlier in a case, concluding that the only step left is to "shoot plaintiffs before they come into the courthouse."
Cries of Federal 'Overcriminalization' Gain Volume
The Legal Intelligencer
Wednesday, December 23, 2009
There has been considerable recent commentary by academics, politicians and even judges concerning the "overcriminalization" of federal law.
U.S. Supreme Court Takes Up Theft of Honest Services Cases
The Legal Intelligencer
Wednesday, November 25, 2009
When a government or corporate official steals money from the public fisc or from their employer, it is clear that such conduct is and should be illegal. What if the official does not take anything tangible, but instead allows his or her private interests to affect his or her job performance? Is that a crime? If so, under what circumstances?
Let the Light in: Changes Needed to the Sunshine Act
The Legal Intelligencer
Wednesday, March 25, 2009
Pennsylvania's Sunshine Act was designed to ensure transparency in government. These days, however, that laudable goal remains far from reality in Philadelphia. The act, also known as the Open Meetings Law, requires that governmental agencies provide public notice prior to official meetings and that such meetings be open to the public. More specifically, the act mandates, with few exceptions, that meetings involving "official action" or "deliberation" occur in public and not behind closed-doors.
Government Uses War on Terror to Stop the Clock on Fraud Claims
The Legal Intelligencer
Wednesday, February 25, 2009
Reasonable minds can (and certainly do) differ on the value of the conflicts in Afghanistan and Iraq. While critics may argue that the conflicts have accomplished nothing, they have indisputably served at least one purpose: They have extended the statute of limitations for criminal fraud claims asserted by the government in a case in Boston.
Using 28 U.S.C. § 1782 to Level the Field in International Litigation
The Legal Intelligencer
Wednesday, January 28, 2009
In the World Series, the home team gets to play by its rules: In American League stadiums, teams use the designated hitter, and in National League stadiums, pitchers bat for themselves. Litigation often features a similar home-field advantage, as the site of litigation determines the rules of the contest. As litigation becomes increasingly international, clients more and more face litigation in tribunals outside of the United States, including foreign courts and regulatory bodies, multilateral institutions and international arbitration, many of which have different procedures than American courts.
