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Bracewell Blog

August 19, 2014

In an article profiling John R. MacArthur, the publisher of Harper’s Magazine, MacArthur is quoted as saying, “I’ve got nothing against people getting on their weblogs, on the Internet and blowing off steam. If they want to do...

August 11, 2014

Small companies have it rough. Limited resources make local expansion difficult.  International expansion is harder still. So small companies seeking recognition overseas need to be creative. Unfortunately, unbridled creativity is dangerous and often leads to government investigations, FCPA violations, and criminal fines. And don’t think that smaller companies don’t register...

August 5, 2014

There are scintillating titles, and then there are scintillating titles. And then there’s the issue of an enormously significant data privacy case that happens to be captioned under the most soporifically benign name around: “In the Matter of a Warrant to Search a Certain E-mail Account Controlled and Maintained by Microsoft Corporation.”


July 31, 2014

Yesterday, the Senate did something.

(Aside: I know, right!? In the words of one of my colleagues, “Shut the front door!” Because at the end of 2014, this 113th Congress will be the least productive ever in passing...

July 25, 2014

You know how sometimes you misplace things? Glasses, wallet, keys, cell phone, remote control . . . vials of smallpox.

July 18, 2014

Hey, you know what's weird? Besides Snuggies, I mean.

It’s this: there are 47 different state data breach laws in the United States. Seriously. 47! And most of them have some sort of provision that says that if a breach requires notification of their citizens, then you’re going to fall under their jurisdiction. Whoa nelly. Buckle up.

July 17, 2014

The attorney-client privilege is the most sacred of our legal privileges, intended to foster free and frank communications between lawyers and clients by protecting the contents of these communications. The privilege has proven particularly important for companies conducting internal investigations, investigations that sometimes uncover less than savory information. But what if the privilege...

July 16, 2014

On Monday, Citigroup and the U.S. Department of Justice announced a comprehensive settlement resolving investigations and litigation by federal prosecutors and state and federal regulators that focused on the bank’s loan securitizations that helped lead to the real estate crash. In the settlement, Citigroup agreed to pay $7 billion, which was comprised of a $4.5 billion payment to...

July 9, 2014

On Tuesday, the Southern District of New York lost its first stock tipping case under the stewardship of U.S. Attorney Preet Bharara when a federal jury acquitted former Galleon Group LLC manager Rengan Rajaratnam of participating in an insider trading conspiracy. This broke a winning streak of more than 80 convictions or guilty pleas in insider training cases. The government’s case...

July 7, 2014

At the American Health Lawyers Association meeting last week, Department of Justice officials signaled that the Department may shift to a model of bringing slightly fewer health care fraud cases overall but bringing them against large corporations, their executives, and other high profile targets. According to Law360, Daniel R. Anderson, the deputy director of the commercial...

July 3, 2014

Hey, did you know that you can get yourself in a whole lot of trouble on social media? No, seriously, you can! Wait, you already knew that? Everyone knows that? Well then, why does it keep happening?

July 2, 2014

When I lived in Washington, D.C., I had a brand new Motorola Razr. This made me cool. The only – hey, why are you laughing? Stop it. Okay. Where was I? Yes, my Razr. Near as I can tell, the only thing that my Razr could not do was this: text. And tweet, check Facebook, give me directions, download apps, and play Words with Friends. Well, and now that I think of it, I couldn’t watch...

July 1, 2014

In Loughrin v. United States, U.S. Supreme Court, No. 13-316, the Supremes approved the application of the federal bank fraud statute to a relatively unsophisticated check cashing scheme, leading to the collective hand-wringing by a host of internet commentators who decried the federalization of state crimes and runaway prices at Whole Foods. The defendant in the underlying case was a...

May 19, 2014

Difficult Dan has been an employee long enough—his poor performance, adverse attitude, and carelessness have finally resulted in termination. Good riddance and nothing to worry about, right? Unfortunately, you may not be done with Dan just yet.

January 17, 2014

By Lowell Rothschild

Spurred on by Congress, on Monday, the Federal Highway and Transit Administrations adopted a categorical exclusion which may spare some projects a detailed review under the National Environmental Policy Act. Specifically, projects that receive less than $5,000,000 in federal...

January 7, 2014

By Larry Levy

New York City has enacted a number of significant changes to the City’s Lobbying Law, most of which will go into effect on May 16, 2014.  The amendments expand the definition of lobbying, change the reporting periods, alter the financial threshold triggering reporting,...

November 13, 2013

By Lowell Rothschild and Matthew Haynie

Rule Could Have Significant Impact on Infrastructure, Energy and Land Development

September 19, 2013

Earlier today, the Federal Highway Administration (FHWA) and Federal Transit Administration (FTA) published a notice of proposed rulemaking outlining new National Environmental Policy Act (NEPA) categorical exclusions (CE) and other streamlining procedures. The broad outlines of the rule were mandated by Congress in its most recent transportation bill (MAP-21), but the specifics were...