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When companies get into trouble, it’s common practice for the government to call on independent third parties to help clean up the mess. Companies under investigation by the Department of Justice (“DOJ”) often agree to have a court-appointed monitor as part of a Deferred Prosecution Agreement or Non-Prosecution Agreement. The monitor — generally a former…

November 22, 2021
Insight
Insight

In its June 25, 2021 decision in HollyFrontier Cheyenne Refining, LLC v. Renewable Fuels Association, the Supreme Court rejected the central holding of a January 2020 decision by the U.S. Court of Appeals for the Tenth Circuit that would have rendered almost all small refineries categorically ineligible for an exemption under the federal Renewable Fuels Standard program (RFS).

V&E Environmental Update

July 13, 2021
Insight
Insight

As schools across the country struggle to help students keep up with their studies during the pandemic, a New York-based nonprofit is having a moment — one that has the real potential to become a movement. “We see a world in which the basic paradigm flips and schools have new capabilities to meet the unique…

June 24, 2021
Insight
Insight

A new sheriff is in town — and that means the potential for big changes ahead for white-collar criminal enforcement in terms of specific areas of focus and volume of investigations. White-collar probes are expected to rise now that President Biden is in the White House, reversing a trend that saw the prosecution of white-collar…

June 24, 2021
Insight
Insight

Two separate, recent lines of cases have continued to shape the circumstances under which insider trading prosecutions can be brought, and as a result, the insider trading compliance risks faced by companies. First, the Supreme Court recently denied certiorari in United States v. Kosinski, which held that it can be an insider trading violation for independent contractors to trade stocks based on information made available to them while subject to a confidentiality agreement.

June 17, 2021
Insight
Insight

In a notable decision on June 3, 2021, the Supreme Court resolved a circuit split about the reach of the Computer Fraud and Abuse Act of 1986 (“CFAA”), a statute that allows for potential civil and criminal penalties against those who have “exceed[ed] authorized access” in obtaining and/or using information from company computer systems.

June 9, 2021
Insight
Insight

The Computer Fraud and Abuse Act (“CFAA”) was designed to stop hacking and other forms of cybercrime.

V&E Government Investigations Update

June 8, 2021
Insight
Insight

On April 22, 2021, the Supreme Court limited the Federal Trade Commission’s ability to seek restitution or disgorgement under Section 13(b) of the FTC Act.

April 29, 2021
Insight
Insight

Last week, the Supreme Court of California issued a landmark decision finding that both state and federal constitutional law principles require judges to consider whether an arrestee can actually pay an amount fixed for money bail.

This insight was republished by Thomas Reuters WestLaw, April 16, 2021

April 5, 2021
Insight
Insight

As one of the top former prosecutors in the country, Zachary Terwilliger has an intimate understanding of how to get clients out of the government’s crosshairs. He’ll counsel companies on how to avoid problems before they start; help clients identify existing problems and determine whether remediation is necessary; and zealously represent clients who are the…

February 9, 2021
Insight
Insight

It was a moment that many had been anticipating for years, yet the latest crop of V&E partners didn’t fete their promotions with parties and champagne. Instead they fielded congratulatory phone calls, took part in virtual coffee breaks and held small celebrations at home with their families. But pandemic-related complications notwithstanding, the new partners —…

December 16, 2020
Insight
Insight

It was cause for celebration for Vinson & Elkins partners Matt Stammel and Jim Thompson. On July 1, 2020, after a six-day trial, Judge Marvin Isgur of the Southern District of Texas Bankruptcy Court handed a complete victory to V&E client Gavilan Resources. Judge Isgur even took the unusual step of reading his lengthy opinion…

September 11, 2020