mmwr
Supreme Court Rules SEC Staff Picked Administrative Law Judges Were Unconstitutionally Appointed
This guest post was authored by Daniel Baker, a summer associate with Montgomery McCracken. On June 21, 2018, the United States Supreme Court answered a seemingly straightforward question in Lucia v. SEC: whether the SEC’s in-house administrative law judges are “officers,” or “employees.” Distinguishing between the… Read More
U.S. Supreme Court Unanimously Agrees Mandatory Victims Restitution Act Does Not Reach Expenses From Civil Proceedings and Private Investigations
This guest post was authored by Joseph Samuel, a summer associate with Montgomery McCracken. In a 9-0 decision handed down earlier today in Lagos v. United States, 584 U.S. __ (May 29, 2018), the Supreme Court held that the terms “investigation” and “proceedings” found in the… Read More
Will the Rise of the Cell Phone Mean the Death of the Third-Party Doctrine?
This guest post was authored by Molly Dolinger, a summer associate with Montgomery McCracken. There are currently more cell phones in the U.S. than there are people. Given the increasingly mobile-dependent state of our society, it should come as no surprise that law enforcement in recent… Read More
SCOTUS to Clarify Protections for Securities Fraud Whistleblowers
This guest post was authored by Bianca Valcarce, a summer associate with Montgomery McCracken. The Supreme Court of the United States has agreed to review the Ninth Circuit’s decision in Digital Realty Trust, Inc. v. Somers and address the apparent tension between two provisions of the… Read More
Supreme Court Limits SEC Ability to Seek Disgorgement
This guest post was authored by our colleague Ernest D. Holtzheimer, an associate in the firm’s Litigation Department, where he combines an active litigation practice with a transactional and business advisory practice. He also serves as an editor of the firm’s Private Business Counsel blog. On Monday, the… Read More
Prosecutorial Discretion under the CFAA Gets More Discretionary: US v. Nosal
This guest post was authored by our colleague Jeremy D. Mishkin, partner and co-chair of the Litigation Department of Montgomery McCracken. The Computer Fraud and Abuse Act, 18 U.S.C. § 1030 (“CFAA”), has become increasingly popular both for civil actions and criminal prosecutions involving hacking or… Read More
VW Clears the Air with $14.7B Emissions Settlement
This guest post was authored by Mara Smith, a summer associate with Montgomery McCracken. This Tuesday, Volkswagen agreed to pay the largest auto-related class action settlement in U.S. history, totaling $14.7 billion. The settlement was reached amidst allegations that the German automaker cheated on government-mandated emissions… Read More
Questions Linger: Is Fraud on Freddie and Fannie Fraud on the Government
This guest post was authored by our colleague Priya Roy, an associate in the firm’s Litigation Department and member of its Data Privacy and Cybersecurity practice group. Priya focuses her practice in the areas of higher education and white collar and government investigations. She… Read More
Third Circuit confirms right of defendant not to be cross-examined during sentencing allocution
This guest post was authored by our colleague Michael C. Witsch, an associate in the firm’s Litigation Department in Philadelphia. Michael can be reached at mwitsch@mmwr.com or 215.772.7592. On Tuesday, January 5, the Third Circuit ordered resentencing in the case of a Pittsburgh-area appraiser who… Read More
U.S. Government Appeals Landmark Insider Trading Decision to the Supreme Court
This guest post was authored by our colleague Rimma Tsvasman, an associate in the firm’s Litigation Department in New York. Rimma concentrates her practice on corporate and securities transactions, investment management and commercial litigation. She can be reached at rtsvasman@mmwr.com or 212-867-9500. In a highly anticipated move following a… Read More