Damian Williams, the U.S. Attorney for the Southern District of New York, announced an expansion of his office’s priorities for 2024, adding fights against the fentanyl epidemic and public corruption to its previously stated...more
On May 25, 2023, Gary Gensler, Chairperson of the U.S. Securities and Exchange Commission (SEC), spoke at an Investment Company Institute leadership conference and discussed SEC proposals that address potential instability in...more
In light of the FDIC takeover of Silicon Valley Bank (SVB), many of our startup, growth company, and fund clients have asked about how to manage their obligations to pay their team members during a period when the company’s...more
3/13/2023
/ Criminal Liability ,
Emerging Growth Companies ,
Fair Labor Standards Act (FLSA) ,
FDIC ,
Financial Institutions ,
Frozen Assets ,
Furloughs ,
Lenders ,
Non-Exempt Employees ,
Payroll Expenses ,
Startups ,
Wages
In October 2021, the U.S. Department of Justice (DOJ) accused Ericsson Inc., a Swedish telecommunications manufacturer, of breaching a deferred prosecution agreement (DPA) that stemmed from charges that Ericsson violated the...more
On February 22, 2023, the Department of Justice (DOJ) announced a nationwide Voluntary Self-Disclosure Policy (VSD Policy), which goes into effect immediately and which is meant to strongly encourage self-disclosures. The...more
Yesterday, the Second Circuit rejected U.S. District Judge Jed S. Rakoff’s typical voir dire process and vacated a defendant’s criminal conviction, remanding the case for a new trial (United States v. Nieves, 2d Cir. Jan. 26,...more
On January 17, 2023, the Department of Justice (DOJ), Criminal Division, announced it has reassessed and strengthened its Corporate Enforcement Policy, which applies to all corporate criminal matters (including Foreign...more
On Aug. 8, the U.S. Treasury Department’s Office of Foreign Assets Control (OFAC) sanctioned cryptocurrency mixer Tornado Cash for allegedly helping launder more than $7 billion worth of cryptocurrency over three years.1...more
9/29/2022
/ Cryptocurrency ,
Decentralized Finance (DeFi) ,
Declaratory Relief ,
Economic Sanctions ,
FinCEN ,
Investors ,
Money Laundering ,
Office of Foreign Assets Control (OFAC) ,
Securities and Exchange Commission (SEC) ,
Statutory Authority ,
U.S. Treasury ,
Voluntary Disclosure
On September 15, 2022, the Department of Justice (“DOJ”) announced several important changes to its policies for prosecuting corporate crime. Deputy Attorney General Lisa O. Monaco, who made the announcement in a speech at...more
In this episode of “Regulatory Matters,” host Rachel Maimin talks to partner Peter Slocum about how businesses can navigate the heavily regulated landscape of New Jersey’s now-legalized cannabis space. Slocum discusses how...more
Reaffirming DOJ’s focus on digital assets, the U.S. Attorney’s Office for the Southern District of New York today charged a defendant, for the first time ever, with insider trading in non-fungible tokens (NFTs). ...more
On May 18, the U.S. Court of Appeals for the Fifth Circuit held that defendants in SEC enforcement actions for fraud are entitled to jury trials in federal court rather than simply appearing before an SEC administrative law...more
Host Rachel Maimin is joined Kimberly Skadan, Civil Practice Supervising Attorney Trainer at The Legal Aid Society, to discuss current issues in housing law, including whether regulations skew more favorably towards the...more
Rachel Maimin interviews Lowenstein partner Christopher Gerold, former Chief of the New Jersey Bureau of Securities and former Chair of the North American Securities Administrators Association, on his career and his...more
The U.S. has always had a law and order fixation, and the last few years have provided us with a veritable smorgasbord of alleged crimes, scandals, sexual misconduct, and political intrigue. Behind the scenes of every crime,...more
On February 17, 2022, KT Corporation (KT, formerly known as Korea Telecom) resolved a Foreign Corrupt Practices Act (FCPA) enforcement action with the Securities and Exchange Commission (SEC) related to corruption schemes in...more
The U.S. Court of Appeals for the Second Circuit's Jan. 27 reversal of the convictions of two former Deutsche Bank AG traders accused of rigging Libor in U.S. v. Connolly was rightfully big news in the white collar...more
Theranos, Trump Organization, Operation Varsity Blues, DEI, ESG and More: Experts Expect SEC and DOJ Actions to Ramp Up in 2022-
2022 will likely be a lot like 2021, only more so. With most key federal positions filled,...more
1/4/2022
/ Anti-Money Laundering ,
Bank Secrecy Act ,
Civil Rights Act ,
Coronavirus/COVID-19 ,
Cryptocurrency ,
Department of Justice (DOJ) ,
Enforcement Actions ,
Environmental Social & Governance (ESG) ,
FDIC ,
Foreign Corrupt Practices Act (FCPA) ,
Fraud ,
Securities and Exchange Commission (SEC) ,
Special Purpose Acquisition Companies (SPACs) ,
Tax Evasion ,
White Collar Crimes ,
Wire Fraud
In a rare court-room victory for a Foreign Corrupt Practices Act (FCPA)1 defendant, on November 10, 2021, the United States District Court for the Southern District of Texas dismissed a three-count indictment against Daisy...more
On Oct. 21, Ericsson Inc. disclosed that the U.S. Department of Justice asserted that the company had "breached its obligations" under a 2019 deferred prosecution agreement "by failing to provide certain documents and factual...more
The Department of Justice (DOJ or Department), under the leadership of Attorney General Merrick Garland, has expressed that one of its top priorities in corporate criminal matters is “to prosecute the individuals who commit...more
The Second Circuit today affirmed the legality of so-called “gag orders” in U.S. Securities and Exchange Commission (SEC) settlements: the rule that defendants settling with the commission cannot contradict the allegations...more
Companies commonly advance millions in legal fees to employees fighting securities fraud and other charges related to work performed in connection with the employment. When employees proceed to trial, that number can balloon...more
On March 3, the U.S. Securities and Exchange Commission announced its examination priorities for 2021, providing a much-anticipated glimpse into the Biden administration's overall priorities for white collar criminal...more
3/15/2021
/ Anti-Money Laundering ,
Biden Administration ,
Capital Markets ,
Chief Compliance Officers ,
Climate Change ,
Compliance ,
Coronavirus/COVID-19 ,
Data Security ,
Digital Assets ,
Disaster Preparedness ,
Environmental Social & Governance (ESG) ,
Fraud Prevention ,
Libor ,
Liquidity ,
Military Service Members ,
Operational Requirements ,
Private Funds ,
Registered Investment Advisors ,
Remote Working ,
Retail Investors ,
Retirement ,
Securities and Exchange Commission (SEC) ,
Standard of Conduct ,
Teachers ,
Technology Sector ,
Turnkey Contracts ,
White Collar Crimes
On Tuesday, March 2, 2021, New York State Attorney General Letitia James and New York City Corporation Counsel James E. Johnson released a statement announcing their recovery of a $105 million settlement from a hedge fund...more
3/8/2021
/ Attorney's Fees ,
Deferred Compensation ,
False Claims Act (FCA) ,
Hedge Funds ,
New York ,
Penalties ,
Qui Tam ,
Shell Corporations ,
State Attorneys General ,
Tax Evasion ,
Third-Party ,
Whistleblowers