10/10/2025 7:56:24 PM The White Collar Appeal: Fifth Circuit Reinstates Pump-and-Dump Indictment Based on Kousisis By Daniel Koffmann Neil Phillips Reversing a rare pretrial dismissal of indictment, the Fifth Circuit in United States v. Constantinescu recently clarified the elements...
9/30/2025 10:14:50 PM Government Shutdown Looms: What's Next for SEC Enforcement By Sarah Heaton Concannon As we rapidly approach the midnight September 30th deadline, Congress remains deadlocked over funding, with Republicans and Democrats at...
9/30/2025 3:42:40 PM SEC Reinstates Simultaneous Review of Settlements and Waivers By Kurt Wolfe Last week, the U.S. Securities and Exchange Commission (SEC) made a significant procedural shift: companies under investigation can now...
9/26/2025 8:58:49 PM The White Collar Appeal: Horse-Doping Case Provides Insight on Forfeiture and FDCA Issues By Daniel Koffmann Kai Mayer In determining whether misbranding violations under the Food, Drug, and Cosmetic Act permit criminal forfeiture, the Second Circuit...
9/17/2025 9:46:38 PM SEC Green Lights Mandatory Arbitration Provisions in IPOs By Kurt Wolfe The SEC has cleared the path for mandatory arbitration provisions in public company governance documents, ending decades of regulatory...
9/12/2025 6:53:58 PM The White Collar Appeal: Second Circuit Eliminates Barriers to Prosecuting Overseas Conduct Under the Commodities Exchange Act By Daniel Koffmann Kiersten Whitfield In a case of first impression in the Courts of Appeals, the Second Circuit recently examined when the government may prosecute...
9/8/2025 5:34:32 PM The White Collar Appeal: Seventh Circuit Considers the Continuum of “Official Acts” in Bribery Cases By Daniel Koffmann Michael Bloom What constitutes an “official act” for purposes of federal bribery prosecutions has continued to vex courts even after the Supreme...
9/5/2025 10:24:01 PM SEC Gets Serious About Cross-Border Fraud: New Task Force Targets Foreign Companies and Gatekeepers By Kurt Wolfe Michael Liftik Sarah Heaton Concannon The SEC just fired a warning shot across international waters. On September 5th, the agency announced the launch of a new Cross-Border...
9/5/2025 4:28:15 PM Federal Judge Rules on Patent Damages Issue in Mallinckrodt v. Airgas Case By Catherine Mattes Nicholas LoCastro A Delaware federal judge has issued a decision regarding the date that a hypothetical negotiation would have taken place, a decision that...
9/4/2025 7:47:30 PM The White Collar Appeal: Second Circuit Holds That Judges Can’t Increase Sentences to Offset Reductions from the First Step Act or other Bureau of Prisons Programs By Daniel Koffmann Marielle Greenblatt In a case of first impression in the federal Courts of Appeals, the Second Circuit held that district courts may not consider a...
9/4/2025 3:02:47 PM The White Collar Appeal: Fourth Circuit Chips Away at Ciminelli, Closes Its Eyes to Cleveland By Daniel Koffmann Kiersten Whitfield In the latest case seeking to identify the bounds of federal mail and wire fraud, the Fourth Circuit narrowly construed Ciminelli while...
8/26/2025 11:18:48 AM The White Collar Appeal: Seventh Circuit Holds Spoofing is Fraud By Daniel Koffmann “Spoofing,” or the practice of submitting buy or sell orders to trading platforms with the intent to withdraw them prior to execution, is...