Articles in this Issue

1. Affiliate News

   What events are NACDL affiliates hosting this month? Find out here.

   Gerald Lippert

2. Book Review: Cardiac Arrest by Howard Root and Stephen Saltarelli

   This month Andrew George and Kyle Clark review Cardiac Arrest: Five Heart-Stopping Years as a CEO on the Feds’ Hit-List by Howard Root.

   Reviewed by Andrew George and Kyle Clark

3. Defending Hippocrates: Representing Physicians in the Wake of the Opioid Epidemic

   In the wake of the opioid epidemic, state and federal prosecutors are becoming aggressive in prosecuting DEA registrants who deviate from professional norms. If a physician prescribes controlled substances “for other than a legitimate medical purpose” or “outside the course of professional practice,” he or she faces up to 20 years in prison. However, through pretrial motion practice, jury instructions and expert witness testimony, practitioners can tip the scales by narrowing the applicable standard.

   Ronald W. Chapman II

4. From the President: Unleashing the Power of NACDL and Our Affiliates

   NACDL and its affiliates opposed ABA Resolution 114 because it called for legislatures to adopt laws that would significantly alter the law with respect to sexual assault crimes.

   Nina J. Ginsberg

5. Honest-Services Fraud in the Private Sector After Skilling v. United States

   Continuing Vagueness and Resulting Opportunities for Clients

   The U.S. Supreme Court saved 18 U.S.C. § 1346 and the honest-services doctrine from the void-for-vagueness dust heap in Skilling v. United States. Jonathan Jeffress and William Zapf explore certain “limiting principles” courts have followed that may be avenues for challenging an honest-services prosecution. In addition, they include a brief survey detailing how circuit court pattern jury instructions cover honest-services fraud.

   Jonathan S. Jeffress and William E. Zapf

6. Is It Time to Revisit the Corporate Privilege Against Compelled Self-Incrimination?

   In Hale v. Henkel (1906), the Supreme Court held that an officer of a corporation could not assert the Fifth Amendment privilege against compelled self-incrimination on behalf of the corporation. The authors argue, however, that the basis for Hale is no longer valid. For the right client, defense attorneys should consider recommending assertion of the privilege.

   Mark Rochon, Addy R. Schmitt, and Ian A. Herbert

7. NACDL News: NACDL Honors Champions of Justice in Philadelphia

   NACDL News for August 2019.

   Madeline Sklar and Ian Nawalinski

8. NACDL Salutes ‘Second Chances’ Heroes

   NFCJ 2019 Awards Dinner | Philadelphia, Pennsylvania

   NACDL Staff

9. Storm Clouds on the Horizon: Private Equity and the False Claims Act

   Philadelphia litigator Alexander Owens discusses two cases that may reflect a renewed focus on private equity firms in the False Claims Act arena. Lawyers representing private equity firms should strive to understand the unique financial and managerial dynamics that place many private equity firms in the government’s crosshairs.

   Alexander Owens

10. Theft of Trade Secrets: The Economic Espionage Act, China Initiative, and Silicon Valley

    Prosecutions alleging theft of trade secrets have been creeping upward since 2009. White collar practitioners must become fluent in the language of the Economic Espionage Act and be on alert that civil trade secret litigation can easily lead to criminal charges. Defense counsel should expect tailored and well-investigated cases by prosecutors unafraid to delve into highly technical and complex materials.

    Julia Jayne and Ashley Riser

11. White Collar Crime Policy: Wartime Suspension of Limitations Act

    Practitioners defending clients against federal fraud charges or related conspiracy charges should be aware of the Wartime Suspension of Limitations Act, particularly lawyers working on defense procurement cases.

    Nathan Pysno