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Bad Intentions Are Not Enough: Second Circuit Reverses LIBOR Convictions in 'U.S. v. Connolly'
In this edition of their White-Collar Crime column, Elkan Abramowitz and Jonathan Sack first summarize the facts underlying the 'Connolly' prosecution and then describe the detailed reasoning of the Second Circuit. They conclude by touching on several important takeaways from the holding—above all, that the decision draws attention to the limits of the mail/wire fraud statutes.
Imputing the In-Forum Contacts of a Predecessor Entity to Its Successor
Under settled Second Circuit law, a court may impute to a successor the in-forum contacts of its predecessor when the successor acquired the predecessor's liabilities through a merger or its equivalent. In 'Suez Water New York v. E.I. du Pont de Nemours & Co.', Southern District Judge Lewis J. Liman recently addressed the related question of whether the in-forum contacts of a predecessor can be imputed to its successor in a non-merger context.
D.A. Alvin Bragg Sets Out White-Collar Crime Priorities
This article provides a summary of how Manhattan's newly-elected prosecutor described his vision for addressing white-collar crime.
Ex-Manhattan DA Vance Joins Baker McKenzie as Partner
Cyrus R. Vance Jr. will lead the cybersecurity practice at the global firm.
Ex-Manhattan DA Vance Joins Baker McKenzie As Partner
Cyrus R. Vance Jr. will lead the cybersecurity practice at the global firm. Under his leadership in the powerful role of Manhattan District Attorney, his office collaborated with the City of London Police and other offices, including the Paris Prosecutors' Office, Singapore Attorney General, Europol and Interpol, in prosecuting crimes.
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The SEC's Rulemaking Process: Long-Haul or Short-Cut?
This article: describes the SEC's authority to issue rules under the Securities Exchange Act of 1934 and the additional requirements for rulemaking under the Administrative Procedure Act; considers a professor's recent proposal of a "fairness" short-cut around the traditional "economic" or quantitative component of the SEC rulemaking process; and describes the exacting analytical process that has been required by courts to date in cases of SEC rulemaking.
Application of the Attorney-Client Privilege to Client Identities
Earlier this Term, the Supreme Court declined to review a Fifth Circuit decision upholding a John Doe summons requiring a law firm to disclose the identities of clients to the IRS. In this edition of his Tax Litigation Issues column, Jeremy H. Temkin addresses the Fifth Circuit's opinion, and writes: By declining to take up the issue, the Supreme Court has, for the moment, left it to the lower courts to establish the appropriate limits of John Doe summonses in this context, and 'Taylor Lohmeyer' provides instructive guideposts to practitioners litigating application of the privilege to such circumstances.
Property in Mail and Wire Fraud Cases: 'Kelly v. United States' and Its Aftermath
In 'Kelly v. United States', a unanimous Supreme Court held that a scheme was not intended to "obtain property" when its objective was to misuse government officials' regulatory powers, or when monetary losses were "incidental," and not the actual object of the scheme. Following 'Kelly', the meaning of property was central to two high-profile cases in the Second Circuit, 'Blaszczak' and 'Gatto'. In this edition of their White-Collar Crime column, Elkan Abramowitz and Jonathan S. Sack explain the impact of 'Kelly' on 'Blaszczak' and 'Gatto' and conclude with a brief discussion of the "right to control" theory of mail and wire fraud, which has been challenged in light of the 'Kelly' decision.
When the Disclosure of Privileged Communications Does Not Constitute a Waiver
In this edition of their Southern District Civil Practice Roundup, Edward M. Spiro and Christopher B. Harwood discuss a recent decision that addressed three notable exceptions to the third-party waiver rule.
Signaling Tougher Tone, Biden Administration Steps Backward
The key policy changes announced thus far appear to be more symbolism than serious efforts at effective reform. Substantively, many will see these changes as a reversion to prior policies that did not work particularly well in practice and rightly were the subject of criticism.TRENDING STORIES
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