The Slippery Slope to Fraud
In this detailed and insightful report, the Center for Audit Quality details how financial-accounting fraud can sometimes creep up on a company that would never have expected to become so embroiled in it.
Big, Broad Bankruptcy Bill
The Second Circuit expanded the extent to which the 2005 Bankruptcy Abuse Prevention and Consumer Protection Act applies to bankruptcy lawyers. In a recent opinion, that court went beyond the Supreme Court's application of the law in Milavetz to include other provisions of the act not considered by the Supreme Court.
FREEEEEDOM (of Information)!
Only a few months old and the 2010 Dodd-Frank Wall Street Reform and Consumer Protection Act has already been amended. President Obama signed a measure altering the FOIA treatment under the act. The new law makes any entity the SEC is responsible to regulate, supervise, or examine a "financial institution" as defined in the FOIA. The change clarifies that the entities, such as hedge funds, newly regulated by Dodd-Frank are susceptible to FOIA requests.
Gone to the Cleaners
The Ninth Circuit followed Justice Stevens' approach in Santos that when determining whether a money-laundering count is viable, the court should focus on whether there would be a "merger problem" between the money-laundering statute and the underlying offense. Unfortunately for the defendant in the Ninth Circuit case, the court held that there was no merger problem.
Mo' Money, Mo' Money, Mo' Money for Uncle Sam
A Call for Transparency in the FCPAIn a recent report, the Organization for Economic Cooperation and Development has called for the DOJ and SEC to provide more data about "why a particular type of agreement is used [in an FCPA prosecution], the choice of an agreement's terms and duration, and how a company has met the agreement's terms."
Day Pitney Newsletter
Dan Wenner and Stan Twardy authored an article, "Forfeiture and the Eighth Amendment," published in the January/February issue of GPSolo Magazine, a publication of the American Bar Association.
Steven Cash authored an analysis article, "What to Do When a Client Receives a Subpoena From Congress," published by the New York Law Journal.
On February 5, partners Dan Wenner and Jed Davis will present a webinar, "Cybersecurity Incident Report: Applying Reason And Rigor To Control Chaos," produced by PLAC (formerly the Product Liability Advisory Council).
Day Pitney Newsletter
Jed Davis was quoted in an article, "Manager Data in Peril from Growing Cyber Threats," published by FundFire, a Financial Times news service for professionals working in the high net worth and institutional investment management industry.
Stan Twardy appeared live on the RNN-TV program "Richard French Live," a nightly news talk show.
Washington, D.C.-based counsel Steven Cash was quoted in an article, "Five Tantalizing Questions About Mueller's Investigation," published by The Hill.
Washington, D.C.-based counsel Steven Cash was quoted in an article, "Rule Change Sharpens Dem Investigations into Trump," published by The Hill.