The State Of Criminal Justice 2019: Capital Punishment

Former federal prosecutor Guy Singer joins host Eva Davis to discuss his transition to Winston Taylor, where he leads complex white-collar defense and internal investigations. The conversation explores how judgment, collaboration, and team-first leadership shape high-stakes legal work and client relationships in an era where technical excellence alone isn't enough.

An Executive Order directs the Attorney General to prioritize enforcement of federal criminal laws against AI-enabled cyberattacks, particularly focusing on identification fraud and authentication violations. Legal experts analyze how Section 1028's broad definitions of identification documents and authentication features provide powerful prosecutorial tools against autonomous AI threats, while examining implications for public-private cybersecurity partnerships.

On September 9th, the United States Court of Appeals for the District of Columbia denied a motion to stay filed by SAM, Inc. and the National Drug and Alcohol Screening Association, Inc. (collectively, “SAM”). The motion sought to stay (pause) the Attorney General’s final order placing state legal medical marijuana into Schedule III of the Controlled Substances Act (“CSA”). While this ruling merely maintains the status quo, it is still a significant victory for state legal medical marijuana operators.

A federal court in Illinois recently dismissed a cybersecurity-related False Claims Act qui tam complaint against Archer Daniels Midland Company, primarily on materiality grounds. The decision highlights the stringent requirements relators face when pursuing cybersecurity FCA claims, particularly the need to demonstrate that alleged cybersecurity deficiencies would have significantly affected the government's payment decisions. The court's analysis provides critical guidance on pleading requirements for fal

In a recent settlement, five South Carolina companies agreed to pay a combined $7.9 million to resolve allegations that they violated the False Claims Act (FCA) by improperly obtaining over $5 million in Paycheck Protection Program (PPP) loans. The five companies include EuWe Eugen Wexler US Plastics Inc., Mankiewicz Coatings, LLC, Fukoku America, Inc., AWL Automation, LLC, and Stoba USA Corporation.

Commercial litigation partner Jacques Semmelman joins Dateline NBC's True Crime Weekly podcast to demystify the complex world of international extradition law. Drawing on his experience as a former Assistant US Attorney, Semmelman explains the legal standards, treaty requirements, and diplomatic considerations that govern how individuals are transferred between countries to face criminal charges or serve sentences.

The U.S. Court of Appeals for the Eleventh Circuit has ruled on the constitutionality of qui tam provisions under the False Claims Act, addressing whether private relators violate the Appointments Clause by bringing enforcement actions without presidential appointment. The decision examines whether relators qualify as "officers of the United States" and evaluates the characteristics that define a continuing government position, with significant implications for healthcare entities and government contractors

The Eleventh Circuit Court of Appeals has issued a pivotal ruling on whether the False Claims Act's qui tam provisions violate the Constitution's Appointments Clause, potentially reshaping the landscape for whistleblower-driven fraud enforcement. With FCA recoveries reaching record highs and the Department of Justice actively encouraging relators across multiple industries, this decision arrives at a critical juncture for federal fraud enforcement strategy. The court's analysis of whether private citizens c

The Department of Justice declined to prosecute Campus Eye Management under its new Corporate Enforcement Policy after the healthcare company voluntarily disclosed Medicare fraud involving unnecessary diagnostic tests and kickback schemes. While the company avoided prosecution through cooperation and remediation, DOJ simultaneously indicted its founder and former CEO, raising critical questions about how healthcare organizations should balance voluntary disclosure, individual accountability, and compliance

The Eleventh Circuit has reversed a district court's ruling that struck down the False Claims Act's qui tam provision as unconstitutional, holding that private whistleblowers are not federal officers subject to the Appointments Clause. With the Supreme Court's interest in this issue and unresolved constitutional challenges remaining, the future of qui tam enforcement hangs in the balance as this case heads toward likely further appeal.

The SEC has proposed rescinding Rule 206(4)-5 under the Investment Advisers Act, which currently prohibits certain political contributions and restricts the use of placement agents for soliciting government investors. The proposal addresses concerns about the rule's strict-liability standard, overbroad definitions, and disproportionate penalties for inadvertent violations, while raising questions about whether existing safeguards and state laws provide sufficient protection against pay-to-play practices.

The Supreme Court's decision in National Republican Senatorial Committee v. FEC has fundamentally altered the landscape of political party spending by eliminating federal limits on coordinated expenditures between parties and candidates. This ruling preserves existing campaign finance guardrails while potentially reshaping the power dynamics of party committees, joint fundraising operations, and various political action committees.

Skadden attorneys examine the unique legal considerations in insurance brokerage M&A transactions, exploring how deal structures must be carefully crafted to protect value in a people-driven business where client relationships and key personnel are paramount. The discussion covers earn-outs, reinvestment mechanics, restrictive covenants, and bespoke warranty packages tailored to the distinctive nature of brokerage deals.

The UK Supreme Court's decision in the Emotional Perception AI case marks a significant shift in how artificial neural networks and AI-driven innovations are assessed for patent eligibility.

In September, Georgetown University Law Center hosted its 13th Annual Global Antitrust Enforcement Symposium and Fordham University School of Law

Shareholder activism remains pervasive in the corporate landscape, as many companies continue to face new, and sometimes more sophisticated, activist situations.

After letting the option go unused for more than 20 years, the Antitrust Division of the Department of Justice recently announced it would use arbitration to settle its challenge of the proposed....

Institutional Shareholder Services Inc. (ISS), an influential proxy advisory firm, recently proposed changes to its benchmark voting policies...

One of the foremost threats companies face today is that posed by cybercriminals, and the unique vulnerabilities of companies in the oil and gas...

On September 26, 2019, the Securities and Exchange Commission (SEC) adopted new Rule 163B and related amendments under the Securities Act to expand the permitted use of "testingthe-waters"