On March 5, 2021, the U.S. Securities and Exchange Commission filed a civil enforcement action in the United States District Court for the Southern District of New York against AT&T, Inc. and three executives alleging a series of Regulation FD violations dating back to 2016. We previously wrote about Regulation FD in connection with an
Latest from Does Crime Pay? - Page 3
Doubling Down on Double Jeopardy: Federalism at Work in New York
Can you be prosecuted twice for the same crime? The question seems simple and, given the plain language of the Fifth Amendment (no person shall “be subject for the same offence to be twice put in jeopardy of life or limb”), seems like the answer should be a simple “no.” Indeed, recent news that charges
Update: Georgia (Still) On Our Mind
While many of us were focused on the second impeachment of former President Trump, news broke that the Fulton County District Attorney has initiated a criminal investigation into the multiple contacts by Trump and others in the aftermath of the Georgia Presidential election. This post is an update to our previous analysis of Donald Trump’s
Interested in Recent Developments and Emerging Risks in White Collar Crime?
2020 was a unique year in the world of white-collar criminal investigations and prosecutions. In this two-session presentation, Thompson Hine’s compliance and white-collar team will review the enforcement risks created by the global pandemic and discuss what we expect to happen as the new administration begins to implement its enforcement priorities. We will also identify
Guided by Garland: Predicting the Path of the Biden DOJ
Earlier this year, various news outlets reported that then-President-Elect Joe Biden intended to nominate D.C. Circuit Chief Judge Merrick Garland as Attorney General. Judge Garland obviously authored numerous opinions during his years on the D.C. Circuit, but before Judge Garland was Judge Garland, he held various capacities in public and private practice including, notably, serving
DOJ Obtains First FCA Settlement Against PPP Borrower
The U.S. Department of Justice (DOJ) announced its first civil settlement under the False Claims Act (FCA) against a Paycheck Protection Program (“PPP”) borrower. This likely marks the beginning of a new trend of civil enforcement cases under the FCA, separate from criminal cases, against PPP recipients. (See prior post here discussing recent criminal prosecutions.)
“Fellas, I need 11,000 votes. Give me a break.” – President Trump’s efforts to influence Georgia election raise specter of criminal consequences.
Amid the seemingly endless stream of news that underlies America’s currently tumultuous political climate, you would be forgiven for missing (or simply forgetting) the fact that President Trump may have a serious Georgia problem. No, we are not merely referring to the results of the recent Presidential and Senate runoff elections, which demonstrated a momentous
No-Poach Antitrust Enforcement: What’s the Buzz? Tell Me What’s A-Happening!
Although the Department of Justice’s Antitrust Division has recently been in the news for the civil complaints that it has filed against several large technology companies, during 2020 it has quietly continued to ramp up civil and criminal antitrust enforcement in the labor market by targeting companies that agree on employees’ wages or not to
Defense Authorization Bill Gives the SEC More Disgorgement Authority
The recently passed defense authorization act, known as the NDAA, included amendments to the Securities Exchange Act of 1934 (the “Exchange Act”)—having nothing to do with national defense. Section 6501 of the NDAA enhances the SEC’s ability to obtain disgorgement in the wake of two recent Supreme Court cases, Kokesh v. SEC, 137 S. Ct 1635
Antitrust Law Gets a “Like” From Federal Regulators in 2020
If it seems like 2020 was the year when everyone was talking about antitrust on their socially distant Zoom calls, that is because government antitrust lawyers have been busy. Just before the year began, the Department of Justice announced the formation of the Procurement Collusion Strike Force and, in January 2020, the Antitrust Division rolled