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Thompson v. United States: A Reminder That Statutory Language is Critical in Criminal Cases

On March 21, 2025, a unanimous Supreme Court overturned a false statement conviction under 18 U.S.C. ยง 1014 holding that the statute requires false, and not merely misleading, statements to certain federal agencies including...more

Timing is Everything: The Court's Latest Gift to Defendants in Bribery Prosecutions (Snyder v. United States)

Readers of prior Firm client alerts in the white-collar criminal space will no doubt recall the Supreme Court's recent trend of scaling back the powers of the Department of Justice (DOJ) in prosecuting public corruption...more

Sixth Circuit Joins Eighth Circuit and Widens Circuit Split by Requiring "But-For" Causation in Some Anti-Kickback Cases

In a much-welcomed step by the defense bar, on March 28, 2023, the United States Court of Appeals for the Sixth Circuit became the second federal appellate court to hold that "resulting from" under the 2010 amendment to the...more

Announcements on New DOJ Corporate Enforcement Policies and Changes to Come

On September 15, 2022, Deputy Attorney General Lisa Monaco of the U.S. Department of Justice (DOJ) issued a Memorandum supplementing prior DOJ guidance on corporate criminal enforcement policies, titled Further Revisions to...more

Eighth Circuit Breaks from Third Circuit, Requiring the Government to Prove "But-For" Causation in Some Anti-Kickback Cases

On July 26, 2022, the United States Court of Appeals for the Eighth Circuit held that "resulting from" under the 2010 amendment to the Anti-Kickback Statute (AKS)1 requires the government to prove that "but-for" the illegal...more

HHS-OIG Enforcement Updates: Trends Relating to Telehealth Fraud Schemes and Tips to Avoid Them

On July 20, 2022, the Department of Health and Human Services (HHS), Office of Inspector General (OIG), released a Special Fraud Alert (the Alert) regarding fraudulent arrangements between practitioners and telemedicine...more

The SEC's Climate and ESG Task Force: What it Means for Public Companies

On March 4, 2021, the Securities and Exchange Commission (SEC) announced the creation of their Climate and Environmental, Social, and Governance Task Force (Task Force). This Alert addresses the purpose of the task force,...more

Supreme Court Invokes Major Questions Doctrine to Curb EPA's Ability to Regulate Carbon Emissions

On June 30, 2022, the Supreme Court held that the U. S. Environmental Protection Agency (EPA) does not have the authority under the Clean Air Act (CAA) to promulgate a program requiring power plants to shift away from coal to...more

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