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

June 18, 2022

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.

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