• What Every Attorney Needs to Know About Electronic Technology
    Florida Bar Journal | (October, 2008)

    These days an attorney can get away with not knowing what a bit, byte, or gig is, but no longer can a Florida lawyer meet his or her professional obligation of competent representation without knowing the basic characteristics of electronic data. This article provides an introduction to the technology of electronic data in the context of recent court decisions and suggests some easy methods for avoiding common and often costly pitfalls related to electronic technology.

  • Fraud in Markup: An Unusual SEC Decision
    The Review of Securities & Commodities Regulation (Subscription Required) | (09/03/2008)

    "Fraud in Markup: An Unusual SEC Decision," The Review of Securities & Commodities Regulation.

  • SB 97: The "Other" Global Warming Act
    Western City | (July, 2008)

    (co-authored with Timothy H. Irons) - The Global Warming Solutions Act of 2006 (AB 32) introduced new statewide goals for reducing greenhouse gas (GHG) emissions. The following year, Senator Robert Dutton’s lesser-known GHG bill SB 97 was passed. SB 97 does two things -- it directs the Office of Planning and Research (OPR) to develop guidelines for reducing or eliminating GHG emissions and protects infrastructure projects funded by voter-approved bonds from legal attack based on noncompliance with AB 32. Although the AB 32 exemption provided by SB 97 expires Jan. 1, 2010, the guidelines prepared by OPR and adopted by the state Resources Agency may pose significant, long-lasting changes to the environmental review and approval of projects throughout California.

  • Auction Rate Securities: Probes, Arbitrations and Lawsuit
    SIFMA-CL | (03/30/2008)

    Auction Rate Securities: Probes, Arbitrations and Lawsuits, SIFMA-CL 40th ANNUAL SEMINAR BROCHURE, March 30-April 2, 2008.

  • Other People's Money: Drawing the Constitutional Line Between the Right to Counsel and Constraints on Obstructive Fee Advancement in the Wake of United States v. Stein
    (2008)

    In 2003, the U.S. Department of Justice (“DOJ”) issued its federal prosecutors a written set of guidelines to assist them in their investigation and prosecution of white collar corporate crime. Specifically, these guidelines, issued in a document commonly known as the Thompson Memorandum, addressed the question of whether and under what circumstances Assistant U.S. Attorneys (“AUSAs”) conducting investigations into white collar crimes committed by employees and executives should bring a formal charge against the company itself. The Thompson Memo listed nine separate factors for prosecutors to evaluate when making the decision of whether or not to seek an indictment.

  • Principles-Based versus Rules-Based: What Really Matters, Crain's Investment News
    Investment News (Subscription Required) | (11/19/2007)

    "Principles-based" or "rules-based," that is the question. In the last year, there has been significant debate over how regulation in the financial services industry should be patterned. The United Kingdom's Financial Services Authority has been a leader in this debate, declaring strong commitment to a principles-based system.