New York Law Journal | Analysis
By Jeane A. Thomas, S. Starling Marshall and Justin D. Kingsolver | March 29, 2024
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.
New York Law Journal | Analysis
By Michael S. Feldberg and Laura Carwile | March 29, 2024
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.
New York Law Journal | Analysis
By Christian Everdell and Marvin Lowenthal | March 29, 2024
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."
New York Law Journal | Analysis
By Paul Tuchmann and Hannah Blonshteyn | March 29, 2024
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.
New York Law Journal | Analysis
By Adrienne D. Gurley, Matthew T. Murphy and Brandon Wong | March 29, 2024
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.
New York Law Journal | Analysis
By Matthew Sullivan and Tina Milburn | March 29, 2024
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.
The Legal Intelligencer | Commentary
By The Young Lawyer Editorial Board | March 28, 2024
What we need, but are often too hesitant to ask for, are strong mentors. We know we bear ultimate responsibility for our career trajectories. But good mentors may be the difference between staying to fight another day or leaving the profession entirely.
The Legal Intelligencer | Commentary
By Andrea M. Kirshenbaum and Jennifer N. Capozzola | March 25, 2024
While the DOL rule took effect as scheduled (in contrast to the NLRB joint employer rule that was struck down by a Texas federal court on March 8), multiple lawsuits stand in its path and lawmakers in both chambers of Congress are challenging the 2024 IC Rule under the Congressional Review Act.
The Legal Intelligencer | Commentary
By Carl W. Hittinger and Ayanna Brown | March 25, 2024
The strike force's launch is to continue the efforts of the president's Competition Council, which was established "to work across agencies to provide a coordinated response to overconcentration, monopolization, and unfair competition in or directly affecting the American economy."
The Legal Intelligencer | Commentary
By Jules Epstein | March 25, 2024
An expert with knowledge that jurors don't have should be permitted to testify when that knowledge will inform the decisionmaker and meets the basic relevance threshold.
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