Buckley Commentary & Analysis
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"Attorney-client privilege should not stop at the prison gate" by Elizabeth R. Bailey
U.S. law respects the confidentiality of a prisoner’s communications with counsel, including phone calls and visits, but with one critical exception that goes unnoticed by many attorneys: The government routinely monitors — and then uses in court — emails between federal prisoners and their...
Buckley Commentary & Analysis"DOJ may face difficulties extraditing remaining defendants in international insider trading ring" by Bradley A. Marcus
The ongoing prosecution in Manhattan of seven defendants in an international insider trading scheme will test the government’s ability to bring international defendants within U.S. jurisdiction. While the government has, at this point, secured two guilty pleas and a conviction, it is unclear...
Buckley Commentary & Analysis"Supreme Court will likely decide whether courts can order disgorgement in SEC enforcement proceedings" by Olivia A. Rauh
The Supreme Court will hear arguments on March 3 in a case that will likely determine whether the SEC has statutory authority to seek disgorgement in enforcement actions, and whether the courts have authority to order it.
The SEC’s authority to seek disgorgement was virtually...
Buckley Commentary & Analysis"2020 examination priorities: OCIE pushes again on information security"
The Securities and Exchange Commission’s Office of Compliance Inspections and Examinations announced its annual examination priorities for...
Buckley Commentary & Analysis"Foreign defendants beware of 'outside the United States' sentencing enhancements" by Paige Ammons
Foreign citizens and companies criminally prosecuted in the United States may face an unwelcome surprise if convicted ─ a higher sentence due solely to the fact that they operated in a foreign country. A little known enhancement in the Federal Sentencing Guidelines governing fraud offenses...
Buckley Commentary & Analysis"Congress may restore SEC’s disgorgement power" by Mehul Madia
Congress is considering legislation that would clarify and significantly expand the Securities and Exchange Commission’s disgorgement powers, two years after the Supreme Court curtailed them in ruling that they were penalties subject to a five-year statute of limitations. The decision in...
Buckley Commentary & Analysis"Apropos of nothing: The possible demise of the Fifth Circuit post-sentencing objection" by Elizabeth R. Bailey
Should the courts penalize criminal defendants on appeal when their attorneys fail to utter magical (but duplicative) words at the end of sentencing? The U.S. Court of Appeals for the Fifth Circuit continues to require a formal post-sentencing objection to the length of a sentence to preserve...
Buckley Commentary & Analysis"Increased government demands for de-confliction will impede internal investigations" by Lauren R. Randell
The Department of Justice recently faced criticism for getting too involved in an internal investigation ostensibly conducted by a company’s external lawyers, with the government telling the company’s lawyers which employees to interview and what questions to ask them. But less attention has...
Buckley Commentary & Analysis"Is the CFPB bound by its non-binding guidance? The implications of the PHH due process decision for TRID and other CFPB rules" by Steven R. vonBerg
Predictability and certainty are crucial components of the consumer finance market. Consumers crave it, as do industry participants. A common understanding of legal requirements promotes uniformity in the application of consumer protections and allows lenders, servicers, systems providers,...
Buckley Commentary & Analysis