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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

The Federal Trade Commission is taking steps to show that it is quite serious about enforcing the so-called blogger disclosure rules that it issued last year. The rules say, essentially, that when someone endorses or reviews a product or service, the person must disclose any relationship with the company that produces the product. So if a blogger gets a free item from a manufacturer, the blogger has to say so in his or her review. The idea is that consumers would want to know if the objectivity of a review is tainted in any way. This type of problem occurs frequently in affiliate marketing, since the affiliates of a manufacturer can discuss the manufacturer’s products in their blogs. This would be a relationship that would have to be disclosed. But the rule isn’t limited to bloggers or affiliates. The commission just served notice that public relations and marketing firms are squarely in its focus. What if a PR firm’s employees are endorsing their clients’ products without disclosing that they are, essentially, being... Read more

Last month, Democratic Senator Patrick Leahy of Vermont introduced U.S. Senate Bill S. 3804, also known as the “Combating Online Infringement and Counterfeits Act.” While the bill has a bipartisan roster of co-sponsors and is supported by many in the entertainment industry as a major step in combating online piracy, in our view and in… Read More

After the unanimous rejection by the Washington State Supreme Court of a lawsuit that attempted to overturn the state’s draconian ban on online poker, proponents of the game now say that they’re going to go to the state legislature and try to get the law repealed, rather than pursue the challenge in the U.S. Supreme… Read More

Can prosecutors attach a Global Positioning System device to a criminal suspect’s car without a warrant in order to track his movements for weeks or even months? The D.C. Circuit answered this very 21st-century criminal procedure question last August with a resounding “no.” An ideologically diverse panel composed of Judges Douglas Ginsburg, David Tatel, and… Read More

The following opinion article by Ifrah PLLC founding partner A. Jeff Ifrah and associate Steven Eichorn appeared in the National Law Journal on October 11, 2010. Banned from the Internet Prohibiting a defendant on probation from conducting any business online is overly restrictive and not reasonably related to legitimate sentencing goals. By A. Jeff Ifrah and… Read More

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October 7, 2010

Plea in Major FCPA Case Raises Entrapment Issues

By: Ifrah Law

Government informant Richard Bistrong’s recent guilty plea to Foreign Corrupt Practices Act charges will probably fuel arguments that defendants in the largest-ever FCPA case were entrapped.  While those arguments may not succeed, they do have merit.   Best known as “Individual 1” in the so-called Africa Sting case, Bistrong helped the FBI build the single… Read More

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September 28, 2010

Too Little, Too Late for Defense Argument?

By: Ifrah Law

The U.S. Court of Appeals for the 1st Circuit is considering whether the government’s belated disclosure of potentially exculpatory evidence deprived criminal defendant Amit Mathur of a fair trial. The fact that Mathur’s counsel received some of the evidence after the government’s case in chief and declined to use it in Mathur’s defense makes it… Read More

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September 27, 2010

Fourth Amendment the Loser in BALCO Ruling

By: Ifrah Law

A recent ruling of the U.S. Court of Appeals for the 9th Circuit is a win for Major League Baseball players whose drug-testing records must now be returned to them after they were improperly seized in a 2002 federal steroids probe. But it’s not a win for Fourth Amendment values. In a September 13, 2010,… Read More

Is there a way to hold a government agency like the Federal Trade Commission (FTC) accountable for the cost to businesses of what a company says are abrupt and systemic changes in regulatory standards? POM Wonderful LLC, a Los Angeles-based juice company, is trying to do just that by suing the FTC in District Court…. Read More

When is a company obliged to pay the legal fees of a wayward employee? The answer generally depends on the precise wording of the employee agreement, if an agreement exists.   A good case in point is the recent one of Frances Flood, the CEO of ClearOne Communications, who left the company in 2004 while… Read More

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