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How Proposed Changes to the ECPA Affect Privacy Interests in Investigations

Joshua Newville and Lindsey A. Olson of Proskauer Rose discuss the recent ‘Microsoft’ decision and proposed amendments to the ECPA, writing: The pendulum has swung in favor of privacy protection from government access for remotely-stored electronic data. Today, it is growing harder for the government to obtain personal email content.

Of Redbirds and Rockets: Corporate Espionage and America’s Pastime

With baseball season about to enter the postseason, Andrew Garbarino, of counsel with Ruskin Moscou Faltischek, revisits an interesting off-the-field legal drama from the 2015 season, namely the corporate espionage case involving two former National League Central rivals, the St. Louis Cardinals and the Houston Astros.

Correspondent Banking: A Gateway to Money Laundering Requires Heightened Scrutiny

Carolina A. Fornos and Katherine A. Lemire write: Fifteen years ago, the Senate Permanent Subcommittee on Investigations flagged correspondent banking as a “Gateway for Money Laundering.” Recent reports continue to flag the money laundering risks associated with correspondent banking. In this era of heightened scrutiny with compliance with Bank Secrecy Act and Anti-Money Laundering controls, continued review and updating of compliance protocols is imperative to mitigate enforcement risks to financial institutions.

Beyond Compliance: Three Tips From Recent Cases

Matthew D. Cipolla and Lorenzo Di Silvio of Jenner & Block write: Recent corporate cases resolved in the S.D.N.Y. illustrate the increased level of detail to which prosecutors are examining compliance programs and make clear that the robustness of a company’s compliance, training and auditing programs will be a key focus of the DOJ when making charging decisions, and could result in substantially greater or lesser punishments.

Cases Illustrate Weaknesses in N.Y. Theft Statutes and Need for Reform

Adam Kaufmann, Anthony Capozzolo and Mirella deRose of Lewis Baach discuss ‘People v. Steven Davis’ (the Dewey case) and ‘People v. Thompson’, which illustrate that not all frauds are larcenies. The weaknesses in the New York statutory scheme underscored by these cases provide a cautionary tale for prosecutors, and demonstrate the need for legislative reform.