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Alleged Theft of Trade Secrets
An area that has long fascinated me is intellectual property and prosecutions premised on theft of trade secrets. It is particularly intriguing when the actors are outside the United States. The U.S. Attorney in the Eastern District of Virginia issued an indictment of a company and several executives "for allegedly engaging in a multi-year campaign
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Carbon Copy Prosecutions – New Article
T. Markus Funk, Perkins Coie Partner and former federal prosecutor, and Chicago Assistant U.S. Attorney Andrew S. Boutros examine the growing – but still largely under-recognized – international phenomenon of what Funk and Boutros term "carbon copy prosecutions." A country’s incentive to vindicate its own laws is not insubstantial, especially when a company or individual
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Anti-trust
Maurice E. Stucke has a piece on SSRN titled, Is Competition Always Good? The abstract states: Competition is the backbone of U.S. economic policy. The U.S. Supreme Court observed, "The heart of our national economic policy long has been faith in the value of competition." Competition advocacy is also thriving internationally. Promoting competition is broadly
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New Blog – Women Criminal Defense Attorneys
Check out this new blog by Susan Bozorgi titled, Women Criminal Defense Attorneys here. (esp)
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Upcoming Conferences
NACDL Defending White Collar Cases, New York, November 15-16th here ABA Securities Fraud National Institute, New Orleans, November 15-16th here NACDL White Collar Criminal Defense College at Stetson, St Pete Beach, Florida, Jan. 9-13 here (esp)
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Terwilliger And Team Move To Morgan Lewis
by: Solomon L. Wisenberg DC has its share of outstanding white collar practitioners, but some of the very best of them don't often make it into the news. Why? Because they are quietly busy, around the clock and the globe, protecting the reputations, pocket-books, and other interests of their clients. They do this by conducting internal
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ABA Fall Institute – Sentencing Panel
This panel was moderated by James Felman (Kynes, Markman & Felman, P.A.). The opening panelist, Hon. Ketanji Brown Jackson, Vice-Chair, U.S. Sentencing Commission, spoke about the 2012 Guideline Amendments which go into effect soon if Congress does not modify the changes. Some of these changes are in the white collar crime arena. Specifically, there are
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ABA Fall Meeting -Opening Session & Overcriminalization Panel
The ABA Fall Institute opened with welcoming remarks from William Shepherd (Holland & Knight), chair of the Criminal Justice Section, and Laurel Bellows, President of the American Bar Association. The opening address was given by Edwin Meese III, former U.S. Attorney General. He talked about how to make our system “effective, efficient, and just.” He
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Rajat Gupta’s Sentencing: Practice Notes
by: Solomon L. Wisenberg The sentencing is today at 2:00 PM Southern District of New York Time. (And is there really any other time in the Universe?) As I noted on Monday, Gupta's Guidelines Range, according to the Government and the Probation Office, is 97-121 months.That's a Level 30. Gupta's attorneys put Gupta's Guidelines Range at
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Some Thoughts on the Impending Gupta Sentence
by: Lawrence S. Goldman As my colleague Solomon Wisenberg wrote, see here, former Goldman Sachs director Rajat K. Gupta is scheduled to be sentenced this Wednesday, October 24, by Judge Jed S. Rakoff of the Southern District of New York upon his conviction of insider trading and conspiracy. The sentencing decision in this case is a