Searching Content by Paul Schoeman from Kramer Levin Naftalis & Frankel LLP ordered by Published Date Descending.
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The First PNF/AFA Common Guidelines
A welcome clarification regarding the expected behavior of companies and administrations under French criminal settlement procedures.
23 Aug 2019
DOJ Criminal Division Releases Updated Guidance For Evaluation Of Corporate Compliance Programs
On April 30, 2019, Brian A. Benczkowski, the assistant attorney general for the Criminal Division of the United States Department of Justice ...
United States
28 May 2019
Something Old, Something New: Securities Enforcement In The Age Of Social Media
At a time when breaking norms has become the new normal, the recent battle between Tesla's charismatic chief executive, Elon Musk, and the Securities and Exchange Commission's regulatory...
United States
17 Dec 2018
DOJ Announces More Lenient Corporate Cooperation Policy
In a speech delivered on Thursday, Nov. 29, 2018, Deputy Attorney General Rod Rosenstein described important changes to DOJ policies for awarding cooperation credit ...
United States
6 Dec 2018
New York's High Court Holds That Three-Year Statute Of Limitations Applies To Martin Act Claims, Trimming The State's Securities Law
The statute has been used to regulate a wide variety of conduct, from Wall Street financings to the sale of condominiums and cooperative apartments in public offerings.
United States
10 Jul 2018
U.S. Supreme Court Upholds Criminal Defendant's Fourth Amendment Interest In Cell Site Data Held By Third Party
In its June 22, 2018, decision in Carpenter v. United States, a 5-4 majority of the Supreme Court held that a criminal defendant's Fourth Amendment rights were violated when the government obtained a court order...
United States
9 Jul 2018
In Unanimous Ruling, US Supreme Court Limits Criminal Restitution Orders Under The Mandatory Victims Restitution Act
In Lagos v. United States, decided on May 29, 2018, the U.S. Supreme Court unanimously held that restitution orders under the Mandatory Victims Restitution Act (MVRA) ...
United States
5 Jun 2018
The French Prosecutor Office Has Entered Into The First French DPA In History With HSBC Private Bank Suisse
On Nov. 14, 2017, six months after the so-called Sapin II law1 entered into force in France...
15 Jan 2018
DOJ Policies On Corporate And Individual Prosecutions Should Be Reconsidered, Recalibrated
Litigation partners Barry H. Berke and Paul H. Schoeman's article "DOJ Policies on Corporate And Individual Prosecutions Should Be Reconsidered, Recalibrated" appeared in the Dec. 11, 2017...
United States
14 Dec 2017
In Split 5-to-5 Decision, En Banc D.C. Circuit Denies Petition For Review In Lucia v. SEC
On June 26, 2017, the D.C. Circuit, en banc, split 5-to-5 on whether to grant a petition seeking to overturn an August 2016 ruling by a three-judge panel of the D.C. Circuit...
United States
10 Jul 2017
In Two Unanimous Rulings, U.S. Supreme Court Limits Penalties In SEC Enforcement And Criminal Actions
This alert examines the Supreme Court rulings in Kokesh v. SEC and Honeycutt v. United States, which sharply curtail the scope of financial sanctions available in civil securities enforcement...
United States
19 Jun 2017
SEC Encourages The Supreme Court To Hear Case To Determine If Disgorgement Is Subject To Five-Year Statute Of Limitations
In a development with potentially far-reaching consequences for SEC enforcement actions, the SEC, as Respondent, and notwithstanding that it prevailed below, is urging the Supreme Court to grant certiorari...
United States
3 Jan 2017
SEC Approves Amendments To Rules Of Practice, Making Welcome But Incremental Changes To Enforcement Procedures
On July 13, the Securities and Exchange Commission approved the adoption of amendments to the Rules of Practice that govern its administrative proceedings.
United States
22 Jul 2016
En Banc Second Circuit Reinstates Conviction Despite Government Retention Of ESI
In 2003, the Criminal Investigative Command of the Army obtained search warrants for two companies on the basis of alleged fraudulent billing.
United States
8 Jun 2016
Supreme Court Holds That Pretrial Restraint of Untainted Funds Needed to Retain Counsel Violates Sixth Amendment
On March 30, the Supreme Court ruled 5-3 in Luis v. United States that "the pre-trial restraint of legitimate, untainted assets needed to retain counsel of choice violates the Sixth Amendment."
United States
6 Apr 2016
Deputy Attorney General Requires Corporations Seeking Cooperation Credit To Tell Prosecutors Who The Criminals Are
On Sept. 9, 2015, the Department of Justice (DOJ) announced new measures to fortify its pursuit of corporate wrongdoing in criminal and civil matters.
United States
17 Sep 2015
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