The depth, breadth, and power of the FCPA is a moving target, according to this FCPA Blog post. But the message from Assistant Attorney General Lanny Breuer was "loud and clear: When it comes to enforcement, damn the torpedoes, full speed ahead." For the text of AAG Breuer's speech, click here.
Improving the FCPA: Are Such Things Possible?
The U.S. Chamber Institute for Legal Reform has proposed some amendments to the FCPA, ostensibly to improve its use and to bring some clarity to its provisions. Click here for a few more suggestions from a guest post on the FCPA Blog.
You Say "Tom-ay-to," I say "Tom-ah-to."
The government need stew no longer: Its efforts to prosecute a now-defunct food distributor for conspiring to fix prices for processed tomato products have a six-month window free from discovery in the pending civil litigation. A district judge has ordered a stay of discovery in civil cases filed on the heels of the federal indictment to allow the government to proceed without the threat of civil discovery crushing its prosecution efforts. That order comes after the judge hardly strained in denying the defendants' motion to dismiss.
A Securities Class Action for the Ages.
Taking a creative tack (no doubt increasing the view that Americans are somewhat litigious), a group of plaintiffs has filed a class-action complaint against the SEC for its alleged negligence in properly ferreting out the historic Madoff Ponzi scheme.
Financially Speaking, from One General to Another.
In what can only be described as unsurprising, the DOJ's inspector general listed among the top ten management and performance challenges of the department "[t]he need to aggressively combat financial crimes." In his memorandum to Attorney General Eric Holder, Inspector General Glenn Fine noted that the Financial Fraud Enforcement Task Force is on the right path, but more needs to be done. Inspector General Fine also noted the increasing challenges of fighting cyber crime.
Elizabeth Latif moderated and Jed Davis spoke on the panel, entitled: "Preventing, Confronting and Surviving Cyber Incidents for In-House Counsel" at the firm's Hartford office on May 17.
Dan Wenner and Stan Twardy authored an article titled "How Much is Too Much? Forfeitures and the Eighth Amendment" (PDF) for the American Bar Association's Section of Criminal Justice.
Dan Wenner and Danielle Corcione authored an article titled "Guilty Plea's Constitutional Consequence Heads to High Court" that was published by Law360.
Day Pitney Newsletter
Jed Davis will be a featured panelist in a CLE program titled, "Implementing the New DFS Cybersecurity Regulation," (click on title to register), sponsored by the Data Law Initiative at Cardozo Law School.
Stan Twardy was quoted by the CT Law Tribune in an article that discussed the unfertile ground for law firm merges and acquisitions – with one exception.
Stan Twardy was featured in a Q&A piece in the CT Law Tribune in which he discussed his time as the U.S. attorney for Connecticut, the challenges faced in dealing with clients involved in both civil and criminal cases and the best way to prepare for success before trial.
David Doot was quoted in an article, Worries Abound As FERC Quorum Shortfall Hits 3-Month Mark, published in Law360.
Day Pitney Press Release
Danielle M. Corcione was quoted in an article, "Former Asst. US Attorney Joins Day Pitney's NJ Office," published in Law360.