In another setback last week, after a contentious criminal prosecution, the government dismissed its criminal charges against Federal Express. DOJ indicted Federal Express for drug trafficking relating to shipping of illegal online pharmacy drugs and related money laundering counts. Federal Express, unlike many corporations, decided to fight the charges and fight they did. Federal Express mounted a vigorous pre-trial assault and persuaded Judge Breyer (brother...

Last week was a tough week for the Justice Department’s criminal prosecutors. Before everyone gets out their Yates Memorandum trending claims, it is important to recognize that DOJ’s loss in several high profile cases does not reflect some earth-shattering trend or recent Yates phenomena. DOJ last a series of criminal cases that were indicted or investigated before the Yates Memorandum had hit the ground in...

Jacqui Merrill, an Associate at The Volkov Law Group, joins us with a posting on the SEC’s request for increased access to emails. Jacqui’s profile is here, and she can be reached at [email protected]. In a Senate Judiciary Committee meeting held on September 16, 2015, Securities and Exchange Commission Enforcement Director Andrew Ceresney expressed his frustration over the entity’s lack of access to stored emails....