White Collar

Expert Analysis

• Keys To Communicating A Law Firm's Mission

  

  Today’s law firm leaders are pretty good at developing a strategic vision for the enterprise, but there is often a disconnect between that road map and the marketing department’s rank and file, leading to a deliverable that does little to differentiate the firm, says José Cunningham, a legal industry consultant.

• High Court Remains Supportive Of Tribal Treaty Rights

  

  The U.S. Supreme Court's decision Monday in Herrera v. Wyoming demonstrates the continuing vitality of Indian treaties and may ignite other tribes' efforts to define the scope of their treaty-reserved hunting and gathering rights outside of their reservations, says Rob Roy Smith of Kilpatrick Townsend.

• Tips For Using DOJ Guidance In A Compliance Program

  

  The U.S. Department of Justice's new corporate compliance guidance includes useful questions but should not be used simply as a checklist in assessing a compliance program — the real key is understanding the purpose behind the questions, say Hui Chen, author of the DOJ's 2017 compliance guidance, and Pam Davis, a former DOJ corporate monitor.

• US Cos. With Foreign Affiliates Should Note OFAC Settlement

  

  A recent sanctions violation settlement between the U.S. Treasury Department's Office of Foreign Assets Control and Stanley Black & Decker and its Chinese subsidiary sets out compliance commitments that U.S. companies with foreign affiliates should use as guidance, say Nevena Simidjiyska and Michelle Rosenberg of Fox Rothschild.

• Opinion

  How Lawyers Can Help Save The Planet

  

  Over a dozen major law firms have joined our effort to overcome the legal obstacles that states, cities and businesses face in fighting climate change. But more lawyers are needed, say Michael Gerrard of Columbia Law School and John Dernbach of Widener University Commonwealth Law School.

• Opinion

  IRS Should Use Tax Law To Combat The Opioid Epidemic

  

  The IRS, which enforces anti-trafficking tax laws against state-regulated cannabis businesses, should be fair and apply the same policy against pharmaceutical companies that illegally market their opioids, says Kat Allen at Wykowski Law.

• Q&A

  A Chat With Gilead Sciences Legal Ops Leader Gary Tully

  

  In this monthly series, legal recruiting experts from Major Lindsey & Africa interview legal industry leaders about the increasingly competitive business environment. Here, Rod Osborne talks with Gary Tully, head of legal operations at Gilead Sciences.

• DC Circ.'s Chance To Clarify 'Should Have Known' Liability

  

  With its upcoming decision in Thaddeus North v. U.S. Securities and Exchange Commission, the D.C. Circuit should articulate a clear legal standard for when a compliance officer “should have known” about reportable events. Without such guidance, compliance officers cannot do their jobs without fearing unintended consequences, say Brian Rubin and Michelle McIntyre of Eversheds Sutherland.

• Series

  Why I Became A Lawyer: Completing The Journey Home

  

  My mother's connection to her Native American heritage had a major influence on my career — my decision to enter the legal profession was driven by the desire to return to my tribal community and help it in any way I could, says Jason Hauter of Akin Gump.

• The Insider Trading 'Mess' Congress Is Trying To Fix

  

  The House Committee on Financial Services recently approved the Insider Trading Prohibition Act, which creates a statutory definition of insider trading in response to what one legislator called a “judicial mess.” The history of insider trading prosecutions supports the need for clarification, say attorneys with Paul Hastings.

• DC Circ. Gives New Meaning To 'Willful' In Securities Statutes

  

  The D.C. Circuit’s recent decision in The Robare Group v. U.S. Securities and Exchange Commission drives home the idea that long-accepted interpretations of federal securities laws may be upended when appellate courts take a fresh look at the statutory language, say attorneys at Debevoise & Plimpton.

• Practical Safeguards For Employee Use Of Messaging Apps

  

  Independent of the U.S. Department of Justice's recent interest in instant and ephemeral messaging apps, companies have plenty of sound reasons to control their use in the office and have an array of tools to do it, say Erin Schrantz and Andrew Philip Walker of Jenner & Block.

• Series

  Judging A Book: Wood Reviews 'The Making Of A Justice'

  

  Retired U.S. Supreme Court Justice John Paul Stevens' new book, "The Making of a Justice," is required reading for anyone interested in 20th and 21st century America, says Seventh Circuit Chief Judge Diane Wood.

• What Gov't Outsourcing Ruling Means For Investigations

  

  A New York federal court's recent decision in U.S. v. Connolly is a warning to prosecutors against outsourcing their investigations to companies and outside counsel, but it should also be used by companies to determine the framework for internal investigations, says Rachel Maimin of Lowenstein Sandler.

• Foreign Banks Should Remain Wary Of US Sanctions Laws

  

  While major enforcement actions against foreign banks for U.S. sanctions violations have slowed down in the past few years, recent settlements against three foreign banks show that federal and state authorities are still enforcing sanctions laws — and the pace of enforcement will likely increase, say Andrew Zimmitti and Richard Hartunian of Manatt.