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Oct 04, 2023 Ninth Circuit empowers FDA’s misbranded drug criminal enforcement efforts – companies face strict liability By Daniel Ahn Sung Park Lois Sheng Liu On September 20, 2023, the U.S. Court of Appeals for the Ninth Circuit held in United States v. Marschall, 2023 U.S. App. LEXIS 24886...
Oct 02, 2023 Latest crackdown on ephemeral messaging highlights benefit of self-reporting By Daniel Ahn Mark Bini Kaela Dahan On September 29, 2023, the Securities and Exchange Commission (“SEC”) announced charges against 10 financial firms for apparent...
Aug 09, 2023 Regulatory whiplash: The continued crackdown on off-channel communications By Daniel Ahn Evan Barr Mark Bini Kaela Dahan Joanna Howe +2 more... Show less On August 8, 2023, the Securities and Exchange Commission (SEC) and Commodity Futures Trading Commission (CFTC) resolved their...
Jul 17, 2023 Is the qui tam provision of the False Claims Act unconstitutional? By Daniel Ahn The False Claims Act seeks to protect the federal fisc from fraud. Under the Act, the government may sue alleged violators, but private...
Jun 30, 2023 Tomorrow's Supply Chain -- The FCPA and Customs Clearance Redux By Daniel Ahn Fourteen countries -- all part of the Indo-Pacific Economic Framework for Prosperity -- met recently to negotiate a first-of-its-kind...
Jun 14, 2023 DOJ Puts Banks’ Pandemic-Relief Lending Practices Under Microscope By Daniel Ahn Mark Bini Earlier this year, we anticipated that DOJ would “focus not only on more sophisticated corporate-level pandemic fraud but also on banks...
Jun 12, 2023 DOJ Launches Corporate Crime Database By Mark Bini Daniel Ahn Kaela Dahan Joanna Howe +1 more... Show less Demonstrating the Department of Justice (“DOJ”)'s continued focus on corporate crime, the DOJ has launched a new database tracking all...
Jun 06, 2023 SEC Sues Crypto Exchange Binance and Founder Changpeng Zhao By Mark Bini Kaela Dahan Victoria Jaus Joanna Howe +1 more... Show less On June 5, 2023, the Securities and Exchange Commission (“SEC”) filed a complaint in the U.S. District Court for the District of Columbia...
May 30, 2023 The de-internationalization of wire fraud? By Daniel Ahn Imagine a non-U.S. person who devises an allegedly fraudulent foreign investment program in a foreign land. The only connection to the...
May 22, 2023 The winnowing of wire fraud By Daniel Ahn A few days after the U.S. Supreme Court in Ciminelli v. United States narrowed the scope of the wire and mail fraud statutes (link to...
May 04, 2023 Prosecutors Secure Conviction in First Ever NFT Criminal Insider Trading Case By Mark Bini Kaela Dahan Joanna Howe On May 3, 2023, a federal jury in the Southern District of New York found Nathaniel Chastain, a former manager at OpenSea, the world’s...
May 02, 2023 A Major Crypto Exchange Fires Back at the SEC By Mark Bini Kaela Dahan Joanna Howe Over the past few years, the Securities and Exchange Commission (SEC) has claimed increasing authority in the regulation of digital...
Dec 15, 2022 Ninth Circuit Expands CFPB's Regulatory Enforcement Net By Daniel Ahn The Consumer Financial Protection Bureau (CFPB), which enforces federal consumer financial laws, has been an active regulator. On...
Dec 05, 2022 DOJ Considering New Guidance on Business Messaging By Daniel Ahn Mark Bini Kaela Dahan Joanna Howe +1 more... Show less On December 1, 2022, the United States Department of Justice (DOJ) announced that it is formulating new guidance on how it will evaluate...
Nov 15, 2022 Extended Crypto Winter Likely To Speed Regulation By Mark Bini Kaela Dahan Prompted by the news of last week’s bankruptcy, White House Press Secretary Karine Jean-Pierre was asked at a recent press conference if...
Nov 09, 2022 SEC outsourcing proposal impact on IAs By Will Atherton On October 26, 2022, the U.S. Securities and Exchange Commission (#SEC) issued a new proposal that would prohibit registered #investment...