Monthly Archives: February 2016

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

Posted on February 25, 2016 by

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

Posted on February 10, 2016 by

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?

Posted on February 5, 2016 by

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

Posted on February 2, 2016 by

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