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white collar defense & investigations: publications
Summary Professionals Matters News Events Publications
Opportunity for Taxpayers with Secret Offshore Accounts to Reach U.S. Compliance
February 25, 2014
Louis Tuchman
Tax Alert
Tomorrow, the U.S. Senate's Permanent Subcommittee on Investigations will hold a hearing on "Offshore Tax Evasion: The Effort to Collect Unpaid Taxes on Billions in Hidden Offshore Accounts."
Court Decision Makes Fund Managers Engaged in Insider Trading Personally Liable for Fund Trading Profits
February 20, 2014
Howard R. Elisofon, Steven D. Feldman
Securities Alert
The cost of insider trading just got more expensive for those who get caught.  In a February 18, 2014 decision by the U.S. Court of Appeals for the Second Circuit, a split appeals court panel found that an individual held liable for civil insider trading while working at an investment fund can be required to disgorge not only the profits he or she individually made by arranging for the winning trades for the fund, but can also be required to personally disgorge all of the profits that the fund reaped as a result of the illegal trades.
Highlights of Selected Criminal Cases Involving Art & Cultural Objects: 2012
Spring 2013
Steven D. Feldman
The Journal of Art Crime

Steven D. Feldman, Lead Partner of Herrick's White Collar Defense practice, has written an article titled "Highlights of Selected Criminal Cases Involving Art & Cultural Objects: 2012". The article analyzes three cases reported in the United States which are just a sample of the intersection of the fields of criminal law and art and cultural property law in the year 2012.

Rights of Victims in Criminal Proceedings
Fall 2011
Steven D. Feldman
Art & Advocacy
Steve Feldman authored the article "Rights of Victims in Criminal Proceedings" in Herrick's art law newsletter.
Foreign Corrupt Practices Act Due Diligence in Mergers and Acquisitions Deals
August 16, 2011
Steven D. Feldman
New York Law Journal
Steve co-authored, with Joseph Spinelli of Navigant, the article “Foreign Corrupt Practices Act Due Diligence in Mergers and Acquisitions Deals” which discusses the U.S. Department of Justice’s heightened focus on violations of the Foreign Corrupt Practices Act in the context of mergers and acquisitions, and details methods for companies to minimize FCPA liability.
Dealing with the Surprise Government Interview
June 2009
David M. Rosenfield, Jim Moss
Micro-Cap Review
David Rosenfield co-authors an article entitled "Dealing with the Surprise Government Interview" which appears in Micro-Cap Review magazine.  This article originally appeared in the October 2007 issue of the ALM Law Journal publication Product Liability Law & Strategy Newsletter, and was reprinted in the November 2007 E-Commerce Law & Strategy Newsletter.
Disparities Seen in Federal Securities Fraud Sentences
March 20, 2009
Steven D. Feldman
New York Law Journal
Steven Feldman authors an article on the trends and vagaries of sentences in securities fraud cases in the post-guidelines world.
The DOJ’s Corporate Leniency Policy—Part I
January 23, 2009
David M. Rosenfield
Competition Law 360
David Rosenfield authors this article on what a corporation should do when it discovers that its employees have engaged in improper or illegal anti-competitive conduct.
The DOJ's Corporate Leniency Policy — Part II
January 30, 2009
David M. Rosenfield
Competition Law 360
David Rosenfield authors this article on the potential costs and benefits a company weighs when deciding whether to disclose anti-competitive behavior to the Justice Department's Anti-trust Division.
1st Use Of New Pooled Investment Anti-Fraud Rules
December 19, 2008
Securities Law 360
Steven Feldman advises securities law practitioners to familiarize themselves with the SEC's new anti-fraud rules promulgated under the Investment Adviser Act. He predicts that the SEC and federal prosecutors will employ those rules in efforts to target hedge funds.
Protecting Directors of Troubled Companies from Personal Liability
September 10, 2007
Paul A. Rubin
Bloomberg's Bankruptcy Law Reports
Paul Rubin's article "Protecting Directors of Troubled Companies from Personal Liability" appears in Bloomberg's Bankruptcy Law Reports.