Analysis

  • New York Law Journal | Analysis

    Probable Cause and 'Bruen': Two Amendments Collide

    By Barry Kamins | April 1, 2024

    Recently, a judge in the Eastern District of New York announced a new legal standard for probable cause in gun cases in New York. Essentially, the court concluded that a significant increase in lawfully possessed guns in New York City has altered the probable cause equation in these cases. The government is seeking reconsideration of that ruling.

  • New York Law Journal | Analysis

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

    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

    The Deutsche Bank LIBOR Case: When Justice Is Outsourced

    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

    The DOJ Cracks Down on AI-Powered Crimes

    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

    Look and Listen: How To Conduct Effective Pre-Litigation Investigations

    By Michael J. Bowe | March 29, 2024

    In short, if you are not conducting a robust pre-litigation investigation of any major case, you are handicapping yourself before you begin. Such work is productive, cost-effective and a force multiplier if done correctly.

  • New York Law Journal | Analysis

    Money Laundering in the Arts

    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

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

    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

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

    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.

  • New York Law Journal | Analysis

    Stepping From 2023 Into the New Year

    By Ilene Sherwyn Cooper | March 29, 2024

    As 2023 came to an end, and 2024 began to unfold, the Surrogate and Appellate Courts throughout the state have been busy issuing decisions of interest—not only to the trusts and estate practitioner but to the bar at large.

  • New York Law Journal | Analysis

    Is a Platform Also a Product? One New York Court Says Yes, and It's Not Alone

    By Thomas P. Kurland, Shelley Attadgie and Jabari Matthew | March 28, 2024

    This article highlights how a key issue to be resolved is whether the algorithms that drive social media apps are just publishing platforms that Section 230 is designed to protect, or if they are products designed to perform a specific function, and therefore within the ambit of strict products liability law.

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