Ethical Considerations in Representing Clients at Risk of Suicide
Criminal defense attorneys often represent their clients when they are at their most vulnerable, facing an extremely stressful and often overwhelming investigation or prosecution. As lawyers, we focus on facts and the law, but as defense counsel, we must also focus on the mental and… Read More
Historic Takedown Shows Healthcare Fraud will Remain a Top DOJ Priority Under AG Lynch
This guest post was authored by Mara Smith, a summer associate with Montgomery McCracken. Last week, Federal agents arrested 243 individuals across the country for their alleged participation in Medicare fraud schemes that purportedly involved $712 million in false billings. The coordinated arrests, which occurred across… Read More
Confidentiality Shouldn’t End When the Lawyer Walks Through the Nonprofit’s Doors
Yesterday, the Association of Corporate Counsel (“ACC”) filed an amicus curiae brief requesting that the Pennsylvania Supreme Court uphold the Commonwealth Court’s decision that there is no fiduciary duty for attorneys of nonprofit corporations to report suspected theft or wrongdoing to law enforcement. The details… Read More
DOJ Policy Shift: No Waiver for Ineffective Assistance of Counsel Claims
Back in January, we wrote about the challenge facing counsel when the United States Attorney’s Office requires a defendant to waive his or her Sixth Amendment claims of ineffective assistance of counsel as part of any plea deal. Today, this practice (which is policy within… Read More
Bharara’s Insider Trading Inferno Engulfs Its Next Victim: Former SAC Portfolio Manager Steinberg Convicted
Yesterday – seemingly before the ink even dried on SAC Capital Advisor’s unprecedented billion dollar plea agreement – U.S. Attorney Preet Bharara’s office secured the conviction of former SAC portfolio manager Michael Steinberg. As recently reported by White Collar Alert editor Carrie Sarhangi, Steinberg was… Read More
Convictions of 3 Ex-GE Muni-Bond Execs Reversed by Second Circuit on Summary Order Just Days After Oral Argument
Yesterday, just a week after oral argument, the United States Court of Appeals for the Second Circuit issued a summary order (with an opinion to follow) reversing the convictions of three former General Electric Co. (“GE”) finance executives – Steven Goldberg, Peter Grimm, and Dominick… Read More
Did A-Rod Take an Intentional Walk to Prevent Perjury Risk?
Last Wednesday, November 20th, Alex Rodriguez, widely considered one of baseball’s greats, walked out of his arbitration proceeding challenging his 211 game suspension for violating Major League Baseball’s performance enhancing drug (“PED”) policy. If the suspension is upheld, A-Rod’s will be the longest non-lifetime suspension… Read More
The Blame Game: Who Should be Indicted – the Company or the Individual?
Just how wide is the net being cast upon SAC by federal authorities? Last week, I posted about the unprecedented plea agreement worked out between prosecutors and SAC Capital Advisors, L.P. in what could be described as the most rampant insider trading scheme ever charged.… Read More
At Last – Some Positive Wiretapping News: DOJ Notifies Criminal Defendant of Intent to Use Evidence Obtained or Derived from FAA Wiretap
Edward Snowden’s and others’ disclosures regarding the existence, functions, and breadth of the National Security Agency’s (“NSA”) surveillance programs have fueled debate regarding mass surveillance, government secrecy, and the balance between national security and the right to privacy. One related issue hits close to home… Read More