Author Archives: Sara Kropf

What It Takes to Be a Trial Lawyer, If You Are a Woman

When I saw the title of the recent article in The Atlantic by Lara Bazelon, “What It Takes To Be a Trial Lawyer, If You’re Not a Man,” I couldn’t wait to read it. I’m a trial lawyer. I’m also … Continue reading

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Government Contractors Conducting Investigations: A New Normal?

By Dan Portnov Here in DC, government contractors are everywhere and vital to keeping nearly all federal agencies running. Absent an Edward Snowden-level scandal, the integration of contractors and their day-to-day work in government offices largely goes unnoticed (and underappreciated). … Continue reading

Posted in Criminal Investigation, DOJ policy and practice | Leave a comment

Yes, Maybe the Government Does Hate the Attorney-Client Privilege—The Challenge of Protecting the Privilege for Civil Investigative Demands

With all the talk in the media about grand jury subpoenas, it’s important to understand that subpoenas aren’t the only way that the government can demand documents and testimony. One of the little-known but often-used methods is a Civil Investigative … Continue reading

Posted in Attorney client privilege, False Claims Act | Leave a comment

Initial Coin Offerings and SEC Enforcement: Protecting Investors (Part IA)

  By Dan Portnov Last week I had the pleasure of attending a reception featuring SEC Commissioner Robert Jackson, who spoke about FinTech, ICOs and crypto-assets. Jackson’s prepared comments and subsequent Q&A session were a rare look into one Commissioner’s concerns and hopes for … Continue reading

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Prosecutors Sure Do Love the Perp Walk

By Sara Kropf I recently listened to Preet Bharara’s podcast on a long car ride. He’s the former United States Attorney for the Southern District of New York. After months of conducting interviews of government-side subjects—prosecutors, FBI agents and the … Continue reading

Posted in DOJ policy and practice, Insider Trading | Tagged | Leave a comment

Supreme Court Rules SEC Administrative Judges Are Unconstitutional, But Special Counsel Mueller is Safe

By Dan Portnov Yesterday, the Supreme Court decided Lucia v. SEC, holding that the Securities and Exchange Commission’s five-member commission must appoint the agency’s Administrative Law Judges (“ALJs”), as these in-house judges are “inferior officers” under the Constitution’s appointments clause. … Continue reading

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Surviving Parallel Proceedings

  By Dan Portnov Late last week the other shoe finally dropped for Theranos founder and ex-CEO Elizabeth Holmes, as she and fellow executive Ramesh “Sunny” Balwani were indicted on charges of wire fraud and conspiracy to commit wire fraud. Following … Continue reading

Posted in Criminal Investigation, DOJ policy and practice, SEC Investigation, SEC policy and practice, Wiretaps | Leave a comment

The Department of Justice Should Drop the Inauguration Day Protest Cases

The Department of Justice has been humiliated in its misguided prosecution of over two hundred Inauguration Day protestors. It has lost every single case to go to trial. It has engaged in intentional violations of the rules. And it has … Continue reading

Posted in Acquittal After Jury Trial, Brady violations, Discovery/Brady, DOJ policy and practice, First Amendment | Tagged | Leave a comment

Initial Coin Offerings and SEC Enforcement: Protecting Investors (Part I)

  By Dan Portnov The SEC’s Office of Investor Education and Advocacy (“OIEA”) came in hot last week with its HoweyCoin initial coin offering pre-sale – a mock ICO designed to teach cryptocurrency-hungry investors the lesson that some ICOs may … Continue reading

Posted in CFTC case, Due Diligence, Investor fraud, SEC Investigation, Securities fraud | 1 Comment

Do Prosecutors Hate the Attorney-Client Privilege?

By Sara Kropf The search of attorney Michael Cohen’s office by federal agents led to a phalanx of “former federal prosecutors” quoted by the media. That’s not surprising. To be fair, I know a lot of great former federal prosecutors … Continue reading

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