Monthly Archives: September 2016

The SEC’s Right to a Jury Trial

We usually think about the right to a jury as one for a defendant facing charges. But it’s worth remembering that agencies are people too. Well, at least when it comes to the right to a jury trial in a … Continue reading

Posted in Appeal, Securities fraud | Leave a comment

The FCPA Institute Is Coming to Washington

Fellow blogger and professor Mike Koehler is bringing his famed “FCPA Institute” to Washington, DC on September 19 and 20. If you’ve always wanted to handle FCPA cases, or already handle them but want to learn more, go to this … Continue reading

Posted in Bribery, Continuing education, FCPA | Leave a comment

An Open Letter Thanking the McDonnell Team (Or, Why We Can’t Give Up)

Dear Governor McDonnell’s Legal Team: As you probably know, the government decided not to retry Governor Bob McDonnell yesterday. This is big news. It follows his victory in the Supreme Court. He won. You won. Was this the best paragraph … Continue reading

Posted in Appeal, Public Corruption | Leave a comment

Are Your Client’s Emails Sent From His Work Computer Privileged? A Somewhat Helpful Ninth Circuit Decision

When I meet with a new client, particularly a corporate executive under criminal investigation, we talk about emails. I tell him that he should use his personal email account to communicate with me, not his work account, since his employer … Continue reading

Posted in Uncategorized | Leave a comment