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Crime in the Suites An Analysis of Current Issues in White Collar Defense

A Blog About Current Issues in White Collar Defense

This holiday season was undoubtedly festive for Senator Bob Menendez, whose corruption trial ended with a deadlocked jury in mid-November.  The Department of Justice (DOJ) has yet to announce whether it will elect to re-try the New Jersey senator, but here are some of the factors they will, and will not, consider in making that decision: The Split In many jury deadlock situations, the judge, or even the parties themselves, will find out the split between guilty and not guilty votes.  This can be a fundamental deciding factor on the question of retrial.  If the prosecution learns, for example, that the split was 11-1 to convict then they may conclude they simply landed on a defective juror in an otherwise powerful case.  Conversely, if the prosecutors find out the case was 11-1 to acquit, then they would tend to walk away from the case without re-prosecution, unless there is some radical new strategy or evidence that could be used in the new effort.  The harder cases to gauge are when the... Read more

Last year, the Senate and House approved the Tax Cuts and Jobs Act along partisan lines; on December 21st, President Trump signed the bill into law. Nearly 1100 pages long, the Act makes a number of sweeping changes to the U.S. tax code. Among other things, the bill reduces individual income tax rates, nearly doubles… Read More

Marijuana May Be Headed for a Showdown Out West
January 4, 2018

Marijuana May Be Headed for a Showdown Out West

By: Steven Eichorn

Today, Attorney General Jeff Sessions issued a one-page memo to all U.S. Attorneys that announced a sharp reversal on the DOJ’s approach to marijuana prosecutions. Under the Obama administration, the DOJ issued a memorandum in 2013 (the “Cole memo”) that basically provided a safe harbor to the marijuana industry in states that legalized recreational marijuana…. Read More

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… 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

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