Monthly Archives: February 2016

Fetishes, Fantasy and the Limits of the Computer Fraud and Abuse Act

It’s a common scenario: a company thinks an employee is using its computers to do something wrong. Maybe the employee is stealing clients for a new venture, copying data from proprietary research or leaking documents to the media about the … Continue reading

Posted in Computer fraud, Conspiracy, Uncategorized | 1 Comment

Releasing Corporate Monitor Reports after a Non-Prosecution Agreement

Peter Henning of the New York Times White Collar Watch published an interesting piece on February 8 about the confidentiality of reports filed by corporate monitors after a non-prosecution agreement against a company. The article describes a recent decision by … Continue reading

Posted in Deferred Prosecution Agreement, Non-Prosecution Agreement, Uncategorized | Tagged | Leave a comment

Why Does Congress Put Witnesses Through This Charade?

Like most people, I read the news stories about Martin Shkreli’s testimony before Congress this week. I saw the quotes about his eye-rolling and general snarkiness. His post-hearing tweet was amusing. https://twitter.com/MartinShkreli/status/695264859907317761?ref_src=twsrctfw Now, we’ve all had challenging clients. His lawyers … Continue reading

Posted in Uncategorized | 4 Comments

When Criminal Defense and Civil Litigation Collide—Taking the Fifth in Civil Litigation

Most criminal defense lawyers would have no idea how to draft an interrogatory. That’s ok; it doesn’t come up in their practices. And most lawyers who handle civil cases would have no idea how to advise a client whose testimony … Continue reading

Posted in civil case, Fifth Amendment, Uncategorized | 1 Comment