Commercial Litigation Update

On December 26, 2023, the U.S. Sentencing Commission (“USSC”) proposed several amendments to its Guidelines Manual (the “Guidelines”). Two of these proposed amendments have the potential to especially impact sentencing decisions in white collar criminal cases. In particular,  one amendment changes the rule for calculating loss, and another provides new options regarding the consideration of acquitted conduct.

Rule for Calculating Loss

The USSC’s proposed revision to the Guidelines’ rules for calculating loss arises out of an effort to continually evaluate and ...

New episode of our video podcast, Speaking of Litigation: As the spotlight on high-profile judgments intensifies, terms such as “libel,” “slander,” and “defamation” permeate public discourse.

Former U.S. presidents, A-list celebrities, and even college professors and local business owners face the specter of defamatory statements broadcast and scrutinized worldwide. But what lies beneath the surface of these headline-grabbing lawsuits?

Join us on Speaking of Litigation as Epstein Becker Green litigators Jim Flynn, Teddy McCormick, and Lauri Rasnick dissect the intricate legal maneuvers deployed in defamation trials. From the realm of business to the intricacies of employment law, this episode offers a deep dive into the strategies employed when reputations are on the line.

Yonas Fikre, a U.S. citizen who had emigrated from Sudan, found himself placed on the No Fly List by the FBI and unable to return to the United States from an international trip. This action followed Fikre’s having been questioned about the mosque he attended and his refusal to become an FBI informant. Having ended up in Sweden, Fikre brought suit, alleging that the government had violated his procedural rights by failing to give him sufficient notice and the ability to gain adequate redress and had improperly considered his race, national origin, and religious beliefs in putting him ...

On Friday, March 15, a unanimous Supreme Court decided two companion cases (Lindke v. Freed and O’Connor-Ratcliff v. Garnier) that resolved a split in the Circuits concerning whether public officials can be held liable under 42 U.S.C. §1983 for blocking posts on social media sites, in these cases, Facebook.

As the Court noted in Lindke v. Freed, Section 1983—as is well known—provides a cause of action against ‘[e]very person who, under color of any statute, ordinance, regulation, custom, or usage, of any State’ deprives someone of a federal constitutional or statutory ...

On March 7, 2024, Deputy Attorney General Lisa Monaco announced the launch of a 90-day sprint to develop and implement a pilot program for DOJ’s latest “carrot” to incentivize companies to invest in a culture of compliance: a whistleblower rewards program. In an address at the American Bar Association’s 39th National Institute on White Collar Crime, Monaco explained: “[t]he premise is simple: if an individual helps DOJ discover significant corporate or financial misconduct — otherwise unknown to us — then the individual could qualify to receive a portion of the ...

Just as you were getting used to the process of litigation, you learn that the court has referred your case to mediation. You immediately worry—what if the mediator rules against you, and what does it mean for the case? Here are the basics, what to expect, and how to prepare if your case gets selected for mediation.

What is mediation?

Mediation is a form of “alternate dispute resolution” or ADR, which aims to resolve a case without the need for costly and time-consuming litigation in state or federal court. Mediation differs from arbitration. Arbitration is another form of ADR, in ...

To the surprise of no one connected with the case, or who just listened to the oral argument, the Supreme Court, in a per curiam opinion (i.e., unanimously), decided the case of Trump v. Anderson, holding that states have no power under the Constitution to enforce Section 3 of the 14th Amendment with respect to federal offices, in this case, the presidency.

Accordingly, absent congressional action—and there has been none—former President Trump may not be kept off the primary or general election ballot, not just in Colorado, but in any state or territory.

As a privacy officer, what keeps you up at night?

Is it the ransomware boogeyman, or perhaps the data breach creeps?

Whatever it may be, Epstein Becker Green litigators J.T. Wilson III, Stuart Gerson, and Brian Cesaratto are here to shed light on the subject in this episode of Speaking of Litigation.

Most readers of this blog rarely, if ever, become involved in homicide cases.

Nevertheless, the Supreme Court’s essentially unanimous decision in McElrath v. Georgia should be of interest because it deals with the issue of inconsistent verdicts, something that many of us have experienced, but this time, as such verdicts might affect double jeopardy. Damian McElrath was charged with malice murder, felony murder, and aggravated assault for having killed his mother. A jury returned a split verdict against him, finding him “not guilty by reason of insanity” with respect to ...

Since 2018, seven states—California, Connecticut, Florida, Georgia, New York, Utah, and Virginia—have enacted laws requiring specific disclosures in commercial financing transactions. Three of those enactments came in 2023, and similar bills are currently pending in a handful of other states.

While these disclosure laws share the same aim—to encourage competition and provide for a more informed decision-making process—they are quite varied with respect to the transactions and institutions to which they apply as well as the information that must be disclosed. And a ...