February 16, 2023 — Law360
In a contribution to the Law360 Expert Analysis column, John Siffert and Lise Rahdert propose that the low standard for mens rea in price-fixing cases that has been in place for the past 45 years should be reconsidered after two recent U.S. Supreme Court decisions, as well as the U.S. DOJ’s expansion of its enforcement...
January 31, 2023 — Law360
In a contribution to the Law360 Expert Analysis column, Jillian Berman and Lise Rahdert of LSW along with co-author Julie Withers of Reichman Jorgenson Lehman & Feldberg LLP consider an important hearsay issue about co-conspirator statements, which applies in all conspiracy cases.
January 25, 2023 — Financier Worldwide,
In the interdependent global economy, and with growing cooperation among regulators, it is increasingly likely that international executives will experience a US-style corporate investigation at some point. In the February issue of Financier Worldwide, LSW partner Gabi Friedman and counsel Ramya Kasturi suggest some issues to consider when an executive is asked to provide an...
January 24, 2023 — Law360 -- Expert Analysis
Certain extraditions to the US from the European Union just got harder. In a contribution to the Law360 Expert Analysis column, LSW partner Gabi Friedman explores how a recent judgment of the European Court of Justice (ECJ) on double jeopardy could impact US DOJ efforts to extradite certain persons from the European Union. Gabi also...
August 16, 2022 — Dispute Resolution Journal, Volume 76, Issue 1
John Siffert and Angela Zhu teamed up with independent arbitrator and mediator Peter Pettibone to explore the increasingly common practice of engaging in mediation during an arbitration, often referred to as “Arb-Med-Arb.” The resulting article, “An Examination of Institutional Arb-Med-Arb Protocols and Practices,” published in the American Arbitration Association’s flagship publication Dispute Resolution Journal will be of interest to any potential litigant (individual or...
April 15, 2021 — The Champion
Has Congress created a new tool to hold individual prosecutors responsible for failing to produce exculpatory material to defense counsel? Is there more to be done? In the March 2021 issue of The Champion, official magazine of the National Association of Criminal Defense Lawyers, LSW founding partner John Siffert and the Honorable Donald W. Molloy,...
November 30, 2020 — Law360
On November 30, 2020, LSW founding partner John Siffert and associate Brice Jastrow published an article in Law 360 analyzing the unprecedented changes to the Federal Rules of Criminal Procedure mandated by the Due Process Protection Act signed into law in October, 2020, and their potentially wide-ranging effects on white collar practice. These changes to...
April 29, 2020 — Practical Law
LSW partner Jillian Berman and associate Lise Rahdert published this article with Practical Law considering the advantages and challenges for a defense lawyer whose client is asked to testify or be interviewed remotely via telephone or videoconference, an increasingly common request by prosecutors in times of social distancing.
March 31, 2020 — LinkedIn
LSW partner Gabi Friedman and counsel Rosie Rubin consider the effects on criminal justice of the CARES Act (Coronavirus Aid, Relief, and Economic Security Act) signed into law of March 27, 2020. The article highlights some of the CARES Act’s important changes to procedures in federal criminal prosecutions, including its provisions relating to remote proceedings,...
November 1, 2019 — The Champion
LSW partner John S. Siffert and associate David Angelatos published “New Federal Rule of Criminal Procedure 16.1 Will Initiate Sea Change in Pretrial Disclosures — If Judges, Prosecutors and Defense Bar Take It Seriously” in The Champion, the journal of the National Association of Criminal Defense Lawyers. In the article, John and David argue that...
June 18, 2019 — New York Law Journal
LSW partner Gabi Friedman and co-author Jeffrey Udell published this article in the New York Law Journal discussing ethical and practical considerations for “pool counsel” representations– the increasingly common practice where one law firm represents multiple witnesses in a white collar investigation or a lawsuit. The authors take as their starting point an ethics opinion...
June 1, 2019 — Litigation Magazine (ABA)
LSW partner Matt Coogan’s article in Litigation Magazine, published by the American Bar Association, provides practice tips and observations about conducting U.S. depositions on foreign soil.
September 1, 2017 — New York Litigator (NYSBA)
LSW partner Matt Coogan, member of the Federal Procedure Committee of the New York State Bar Association, is a principal author of this article analyzing how lower courts have approached important questions of general jurisdiction following the Supreme Court’s seminal decision in Daimler AG v. Bauman.
June 22, 2016 — New York Law Journal
LSW partner John S. Siffert and associate Leigh Llewelyn published “Insider Trading as Fraud: Economic Benefit as an Element” in the New York Law Journal. The article considers the upcoming Supreme Court argument in the insider trading case Salman v. United States, No. 15-628, and explore why the federal mail and wire statutes may affect the...
January 20, 2016 — New York Law Journal
LSW partner John S. Siffert and associate Michael Herman published “Understanding Insider Trading as Breach of Duty of Loyalty” in the New York Law Journal. The article argues that the crime of insider trading is properly understood as a breach of a fiduciary duty and that the courts have failed to articulate precisely the nature of...
September 1, 2015 — New York Litigator (NYSBA)
LSW partner Matt Coogan, member of the Federal Procedure Committee of the New York State Bar Association, is a principal author of this report considering the recurring question whether an unaccepted offer of judgment for complete relief renders an action moot and requires its dismissal. After examining Rule 68 of the Federal Rules of Civil...
February 1, 2013 — New York Law Journal
LSW partner Dan Gitner and associate Patrick Garlinger argue that a recent Second Circuit decision allows the government to undertake a more aggressive approach to investigating potential violations of the misbranding provisions of the Federal Food, Drug, and Cosmetic Act.
January 2, 2013 — New York Law Journal
LSW partner Dan Gitner and associate Patrick C. Toomey consider the interplay of the Mandatory Victims Restitution Act and the Crime Victims’ Rights Act. A victim of a crime is often entitled to restitution, but pursuing it can create unwelcome publicity. Dan and Patrick offer practical tips for seeking restitution without sacrificing privacy.
September 29, 2008 — New York Law Journal
Traditionally, companies conducting internal investigations have been borne the associated costs, including attorney’s fees. LSW partner Dan Gitner and associate Brian Jacobs argue that a recent Second Circuit decision applying the Mandatory Victims Restitution Act may allow companies to recover those expenses from the person whose conduct prompted the investigation.
February 1, 2008 — Federal Sentencing Reporter
LSW partner Dan Gitner and associates Gabi Friedman and Kan Nawaday argue that developments in narcotics sentencing law give white collar criminal defendants an additional way to challenge the Sentencing Guidelines’ unjust loss tables.
November 15, 2007 — New York Law Journal
LSW partner Dan Gitner and associate Gabi Friedman consider the complex legal and practical issues that arise when a firm discovers child pornography on a company server. It is illegal to be in possession of child pornography, but there is no safe harbor for a company that reports the contraband to law enforcement–even if the...