Publications

Criminal investigations of companies are commonly resolved through deferred prosecution or non-prosecution agreements which allow companies to avoid indictment and trial but impose a number of burdens, including a binding admission of wrongdoing.  This article reviews the current use and impact of these agreements in parallel civil litigation.

The U.S. District Court for the Southern District of New York launched a pilot project aimed at improving pretrial case management of complex civil cases. This article highlights some of the key aspects of the project, which was designed to address concerns pertaining to costs and delays voiced by clients and members of the bar, and impose some proportionality on the time and resources spent by the courts and parties alike.

Although the presumption of innocence is one of the bedrocks of our criminal justice system, quite often suspects are tried and condemned in the court of public opinion before even being charged in a court of law. This article discusses how to deal with the media, both tactically and ethically when a client is in the public eye, in order to rebalance a sometimes tilted playing field.

Under Treasury Department regulations, taxpayers are required to keep records relating to accounts they maintained at foreign financial institutions. Faced with a subpoena for such records, a taxpayer who did not disclose a foreign account on his income tax returns and on FBARs faces a difficult dilemma: producing the records will demonstrate that his previously filed returns were false, while denying that he has the records could subject him to prosecution for failure to keep required records. This article discusses two recent decisions -- one out of the Ninth Circuit and one from the United States District Court for the Southern District of Texas -- addressing taxpayers' assertion of their rights under the Fifth Amendment in response to such subpoenas.

Managing internal investigations is one of the most important responsibilities of in-house counsel. This article offers suggestions for conducting thorough, and cost-effective, investigations.

This article concerns the increased focus by federal and state regulators on the energy markets, as well as potential competition among regulators in this area.