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Crime in the Suites An Analysis of Current Issues in White Collar Defense
The high-profile prosecution of the disgraced physician who treated U.S. Olympic gymnasts ended with a stern sentence but a lingering mystery regarding victim rights.  U.S. District Court Judge Janet Neff, serving in the Western District of Michigan, sentenced Larry Nassar to 60 years in prison for his possession of child pornography, as well as some related charges.  Nassar had been the team physician for USA Gymnastics, whose members included now-celebrity Olympic gymnasts like Aly Raisman, McKayla Maroney, and Gabby Douglas.  Raisman and other molestation victims provided written victim-impact statements for the judge’s consideration, but Judge Neff made a surprising decision to forbid live testimony from six young women who had been repeatedly molested by Nassar. Part of the surprise stems from the fact that federal sentencing proceedings are designed to provide the judge with expansive information about the crime and the defendant.  While the sentencing judge is afforded wide discretion, it is well-established that the judge can consider information about the defendant or his/her conduct that far surpasses what the... Read more

Congress is poised to deliver on tax reform this year. As part of the package, both houses are seeking to encourage the repatriation of trillions of dollars that corporations and wealthy individuals have been stockpiling offshore. For decades, corporations and wealthy individuals have been able to avoid taxes legally by transferring assets to tax-friendly jurisdictions… Read More

The Legal Fallout For Harvey Weinstein’s Hired Hands
November 13, 2017

The Legal Fallout For Harvey Weinstein’s Hired Hands

By: Nicole Kardell

*This article was first published November 9, 2017 as an Expert Analysis – Opinion piece for Law360. The revelations surrounding the Harvey Weinstein cover-up are certainly cringeworthy, but are the actions of the mogul’s hired hands actually illegal? That Weinstein allegedly exploited and victimized women is terrible (even if far too common). The fact that so many… Read More

Beginning on May 25, 2018, companies which process the personal data of European Union residents will be expected to comply with the General Data Protection Regulation, or GDPR. Even companies located in the United States are subject to this regulation, and violating its terms may result in class actions and hefty fines. If your company… Read More

SEC Continues to Focus on ICOs
October 3, 2017

SEC Continues to Focus on ICOs

By: Steven Eichorn and Jeff Ifrah

A new enforcement initiative  by the Securities and Exchange Commission, part of its proclaimed efforts to address cyber-based threats and protect retail investors, indicates that the agency is including Initial Coin Offerings (ICOs) under its broad blanket of protection. Recent actions by the agency in the case of REcoin give more clues to its position… Read More

ICOs Facing an Uncertain Future in China and the U.S.
September 7, 2017

ICOs Facing an Uncertain Future in China and the U.S.

By: Steven Eichorn

This week, in a joint statement issued by the People’s Bank of China, the securities and banking regulators, and other government agencies, the Chinese government declared that initial coin offerings (ICOs) constitute “illegal open financing behavior” and immediately froze all ICO activity.  The joint statement explained that the tokens issued in ICOs do not have… Read More

How Poking the Bear Gets Your Assets Kicked
August 23, 2017

How Poking the Bear Gets Your Assets Kicked

By: James Trusty

For many decades, the 4th Circuit Court of Appeals was viewed as a very conservative place, where prosecutors were usually quite comfortable with the status quo, a largely “law and order” kind of venue.  During the Obama presidency, the Court’s makeup changed dramatically, with a batch of younger, more liberal judges joining the “old guard”… Read More

While the endless portrayal of jury trials in media might indicate otherwise, trials are actually quite rare in the U.S. criminal justice system. With 97% of federal cases ending in pleas, the Atticus Finch conception of American justice has been largely confined to books. Ordinarily, when an accused enters into a plea agreement, he waives… Read More

Why Banning Criminals from the Web Doesn’t Work
July 21, 2017

Why Banning Criminals from the Web Doesn’t Work

By: Steven Eichorn and James Trusty

A few weeks ago, the Supreme Court issued a unanimous ruling in Packingham v. North Carolina, 137 S. Ct. 1730 (U.S. 2017) invalidating a state law outlawing registered sex offenders from accessing websites which could facilitate offender-minor direct communication.  While the majority opinion and concurrence seems grounded in, and specific to, sex offender restrictions, the… Read More

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