Supreme Court Business Review: Criminal Defense and Investigations in Kelly and Liu

In this episode of S&C’s Critical Insights, Litigation partners Judd Littleton and Julia Malkina are joined by Nicky Friedlander and Kamil Shields, members of S&C’s Criminal Defense and Investigations Group, in a continuation of S&C’s Supreme Court Business Review podcast series.

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.

S&C’s Criminal Defense & Investigations

Lawyers in the Firm’s Criminal Defense and Investigations Group (CDIG) represent clients around the world in high-stakes matters relating to white-collar criminal defense, regulatory enforcement and internal investigations. The group includes 12 former federal and state prosecutors; former bank regulatory counsel; and leading practitioners in banking, securities and commodities regulation and enforcement. The team boasts extensive trial experience, having collectively handled more than 125 criminal trials in federal and state courts.

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.

S&C’s Litigation Practice

Our Litigation Group draws upon S&C’s deep experience in corporate, financial and transactional law, forming integrated teams that handle any issue that may arise. We manage matters through every stage of the litigation life cycle, before any court, arbitration panel or regulatory agency.