White-Collar Crime

New York Law Journal


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Prosecutors Seek Guidance in Battle Against Cyber Theft

Cravath, Swaine & Moore partner Benjamin Gruenstein writes: At a time when prosecutors are sounding the alarm about the increasing risks of cyber crimes, the Second Circuit in 'United States v. Aleynikov' appeared to limit the reach of two of the statutory tools available to combat the theft of computer trade secrets. However, much remains to be learned about to what extent these statutes have in fact been narrowed, and a decision likely to be handed down in the coming months will likely provide much needed guidance.

The Impact of First Circuit's 'Prosperi' Decision

Laura Grossfield Birger, a partner at Cooley, reviews a recent decision that affords great discretion to sentencing courts to deviate from the Sentencing Guidelines, despite expressing palpable discomfort with the extent of deviation at issue in this particular case.

Analyzing Selective Waiver of Privilege Under New York Law

Jonathan S. Sack and Eric M. Ruben of Morvillo, Abramowitz, Grand, Iason, Anello & Bohrer write: Federal courts and commentators have considered at great length whether a company may "selectively" waive privilege and work product protection when disclosing information to a government agency while preserving the protected status of that material as to other parties and proceedings. While the divergence among federal courts creates some uncertainty, the viability of selective disclosure is even less clear in New York state courts.

Assessing the SEC's New 'Neither Admit Nor Deny' Policy

Willkie Farr & Gallagher's Mei Lin Kwan-Gett, Alison Levine and Erin McLeod write: After several months under the SEC's new "neither admit nor deny" policy, the SEC has been fairly consistent about removing the language from its settlement papers when there is a parallel criminal action, but has dealt with the corresponding "admission" of facts in myriad ways.

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