Former federal prosecutors Nicky and Kamil discuss two of the Supreme Court’s decisions from last term in the criminal defense and investigations area. First, they discuss Kelly v. United States, which overturned the convictions in the so-called “Bridgegate” scandal, limiting the reach of the federal fraud statutes. Second, they discuss Liu v. SEC, which considered the scope of the SEC’s disgorgement authority in federal court. Nicky and Kamil share their insights on the implications of these decisions for businesses and practitioners.
Part 3: Labor & Employment in Bostock and Comcast
Part 2: Arbitration in GE Energy and Schein II
Part 1: Series Overview and Seila Law v. CFPB
Meet Our Editors:
Judson Littleton is a partner in Sullivan & Cromwell’s Litigation Group and co-head of the Firm’s Appellate Practice. His diverse practice focuses on Supreme Court and appellate work, complex commercial litigation, and criminal defense and investigations. He has represented leading multinational companies and financial institutions, including BP, HSBC, ING Group, JPMorgan Chase, MUFG Bank and Volkswagen. He has also represented individuals facing serious allegations in high-profile matters. Mr. Littleton was recognized by The National Law Journal as one of its 2019 D.C. Rising Stars.
Julia Malkina is a partner in S&C’s Litigation Group. Ms. Malkina represents prominent corporations, financial institutions and individuals in their most complex and high-stakes matters. Ms. Malkina’s practice comprises appellate court litigation, trial court litigation and regulatory proceedings in a number of areas, including securities, commodities and criminal law. She was named a 2020 Rising Star by the New York Law Journal for her representations in precedent-setting cases across those areas.
S&C’s Appellate Practice
S&C’s appellate practice draws on the experience of 11 former U.S. Supreme Court clerks and more than 160 clerks to judges on all 13 federal courts of appeals and many state courts and international tribunals. S&C lawyers have achieved success for the Firm’s clients in cases before the U.S. Supreme Court, federal courts of appeals and administrative agencies, state supreme and appellate courts, and numerous international tribunals.
Clients turn to S&C for their high-stakes appeals because of the Firm’s extensive appellate expertise and its deep understanding of their industries, issues and concerns. What sets S&C’s appellate practice apart is that its lawyers have handled virtually every phase of civil and criminal litigation. That broad experience enables them to collaborate with trial teams to frame arguments persuasively at any level.
For additional discussion of any issues covered in this Review, including presentations for CLE credit, please contact any member of the Firm’s Appellate Practice.
S&C’s Litigation Practice
The Litigation Group draws upon S&C’s deep experience in corporate, financial and transactional law, forming integrated teams that handle any related or follow-on matters that arise. The Firm manages issues through every stage of the litigation life cycle, before any court, arbitration panel or regulatory agency.