Monthly Archives: January 2016

Can You Be Liable Because of Your Job Title? Control Person Liability and Jon Corzine

One of the primary differences between criminal and civil liability is that criminal liability requires the government to prove that the defendant acted wrongfully. In a civil case, an employer may be held liable under a theory of respondeat superior … Continue reading

Posted in CFTC case, civil case, Uncategorized | Tagged | 1 Comment

Keep Your Friends Close – The Second Circuit Strengthens Common Interest Privilege

The common interest (sometimes called “joint defense”) privilege serves an invaluable strategic role in complex white-collar cases. It allows the targets of an investigation to work together, without fear that the government will discover their communications or shared work product. … Continue reading

Posted in Joint Defense Agreements, Tax fraud, Uncategorized | Tagged | Leave a comment

Inside Baseball: The Basics of the Computer Fraud and Abuse Act

The Computer Fraud and Abuse Act (CFAA) has been an increasingly popular tool for DOJ over the last few years. A recent case against the St. Louis Cardinals’ Director of Baseball Development is an easy introduction to the statute. Christopher … Continue reading

Posted in Computer fraud, Uncategorized | Tagged , | 3 Comments

What To Do With Notes from an Internal Investigation? Court Says Big Firm’s Methods Were “Gamesmanship”

When I was a brand-new associate at a big firm, I volunteered to work on an internal investigation into accounting irregularities at a public company. I knew nothing about internal investigations. Before we started interviewing employees, a partner explained the … Continue reading

Posted in Attorney client privilege, internal investigation, Uncategorized | Tagged | 1 Comment