In the wake of DOJ’s touted reenergized enforcement of the Foreign Corruption Practices Act, the new year began with DOJ dangling perhaps its largest carrot yet to lure corporations worldwide to assis...
Tag: theVerdict
Taxpayer Advocate Cites Improvement In Backlog. Will It Last?
In the Taxpayer Bill of Rights, Congress directed the Internal Revenue Service to form the National Taxpayer Advocate Service to address problems not resolved through normal IRS channels and large-sca...
DOJ Touts Reenergized Enforcement Efforts
The worldwide recession in corporate prosecutions, ushered in during the Trump administration, appears to be coming to an end. Despite a slow start by the Biden administration’s prosecutors, Departmen...
Has Trump Run Out The Clock On His Tax Returns Yet Again?
The maxim “justice delayed is justice denied” has been invoked throughout history and it serves as a reminder that success in litigation may turn not just on accomplishing a desired result, but on whe...
Do In-House Attorneys Talk ‘Two’ Much? – SCOTUS Will Decide
When in-house counsel gives legal advice mixed with business advice, their two roles open themselves up to potentially discoverable communications. Although, at least in the United States, in-house at...
Do Special Masters Really Trump Taint Teams? Here’s A Better Option
On Monday, a federal judge took the unusual step of granting former President Donald J. Trump’s request for a special master to review more than 11,000 documents and 1,800 other items seized from his ...
Risks Of Tuning Out Company Whistleblowers: Ignorance Is Not Bliss
The recent shutdown of the Abbott Nutrition plant in Sturgis, Michigan highlights an all too familiar problem that companies and their counsel need to address: the consequences of ignoring internal wh...
SEC Mishap Highlights Taint On Government “Taint Teams”
A government agency candidly acknowledged the accidental mishandling of potentially privileged documents – this time, its own. On April 5, 2022, the U.S. Securities and Exchange Commission issued a st...
A Return To ‘The One-Way White-Collar Sentencing Ratchet’? Reflections On The Remarks Of Attorney General Merrick B. Garland And Assistant Attorney General Kenneth A. Polite Jr. At The ABA Institute On White-Collar Crime
Earlier this month, at the annual institute on white-collar crime run by the American Bar Association, Attorney General Merrick B. Garland and Assistant Attorney General for the Criminal Division Kenn...
Admission To College Is Valuable, But Is It “Property”?
The process of gaining admission to an elite college can generate anxiety and worry. It can also lead to prison. In 2019, the Department of Justice charged dozens of parents, coaches and others in sev...
The Implications of SEC v. Panuwat
On January 14, 2022, in SEC v. Panuwat, Index No. 21-cv-06322 (N.D. Cal.), Judge William H. Orrick denied the defendant’s motion to dismiss the SEC’s first-ever “shadow trading” enforcement action. “S...
Calls For New SPAC Rules And Hints At PSLRA Change
For months, the SEC Chairman Gary Gensler has expressed concern over the meteoric rise of SPACs and has dropped teasers about stepped-up enforcement to come. Now, the time for the main event is almost...