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March 29, 2024 | New York Law Journal

DOJ, FTC: Failure To Preserve, Produce Ephemeral Messages May Lead to Consequences That Are Anything but Ephemeral

The DOJ and FTC issued a rare joint announcement warning of increasing consequences for parties that fail to properly preserve and produce ephemeral messages in response to antitrust investigations. These messages will be included in their standard preservation letters and specifications for all second requests, voluntary access letters and compulsory legal process.
9 minute read
March 29, 2024 | New York Law Journal

The Deutsche Bank LIBOR Case: When Justice Is Outsourced

In 2019, two former Deutsche Bank traders were convicted of wire fraud and conspiracy charges, which the Second Circuit later reversed. This case highlights two alarming trends: the DOJ outsourcing criminal investigations to private law firms and targeted institutions placing the blame for alleged wrongdoing on low-level employees to avoid more serious criminal consequences themselves.
9 minute read
March 29, 2024 | New York Law Journal

The DOJ Cracks Down on AI-Powered Crimes

In recent public comments, Deputy Attorney General Lisa Monaco identified the emerging threat posed by AI as a top enforcement priority and announced that the DOJ will begin targeting crimes "made significantly more dangerous by the misuse of AI."
12 minute read
March 29, 2024 | New York Law Journal

Money Laundering in the Arts

Two newer kinds of markets—the market for non-fungible tokens (NFTs) and the secondary market for sports and entertainment event tickets—have offered criminals new possibilities for laundering dirty money. And so far, the law has not kept up.
8 minute read
March 29, 2024 | New York Law Journal

Out of the Shadows: SEC Test Case To Bring 'Shadow Trading' Into Light

The SEC is now at trial in an enforcement action against former biopharma executive Matthew Panuwat related to "shadow trading" activities. The trial will not only be the first major test of the SEC's "shadow trading" legal theory before a jury, but will also have significant ramifications for in-house counsel and compliance teams on how to train their employees on trading practices.
9 minute read
Law Journal Press | Digital Book State Antitrust Law Authors: William T. Lifland View this Book

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March 29, 2024 | New York Law Journal

Internal Investigations and Self-Disclosures in a Time of Enhanced Whistleblower Incentives

In recent years, the DOJ has taken steps to incentivize disclosure of potential wrongdoing by companies and individuals. In light of new incentives for individual whistleblowers and the evolving expectations of enforcement officials, the stakes are high for in-house counsel and compliance officers to quickly assess the potential benefits and risks of making a voluntary self-disclosure.
8 minute read
March 29, 2024 | Litigation Daily

Litigators of the Week: Kaplan Hecker Knocks Out Suit Aiming to 'Punish' Non-Profit Critical of Musk's X Corp.

"X Corp. has brought this case in order to punish CCDH for CCDH publications that criticized X Corp.—and perhaps in order to dissuade others who might wish to engage in such criticism," wrote Senior U.S. District Judge Charles Breyer.
6 minute read
March 29, 2024 | Litigation Daily

Litigator of the Week Runners-Up and Shout Outs

Runners-up this week include litigators from King & Spalding, Kirkland, Hogan Lovells and Weil Gotshal.
6 minute read
March 29, 2024 | Corporate Counsel

Feds Jump Into Algorithmic Pricing Suit, Say Collusion Can Occur Without Humans Uttering a Word

The Department of Justice and Federal Trade Commission are worried that the growing use of algorithms is making price fixing increasingly difficult to detect—and that the use of AI to create ever-more-sophisticated algorithms will exacerbate that challenge.
4 minute read
March 28, 2024 | The American Lawyer

An Early Look: The 2024 Am Law 200 Financials

This feed is continually updated. So bookmark it, check back regularly, and stay tuned for the Am Law 100 and Second Hundred reports coming soon.
14 minute read

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