From Passcodes to Fingerprints: The Fifth Amendment’s Role in Digital Self-Incrimination Dmitriy SmirnovFebruary 13, 2025 Firm News I. Riley’s Foundation The Supreme Court’s ruling in Riley v. California affirmed that cellphones require heightened privacy protections due to their vast storage of personal data. The decision reinforced Fourth Amendment safeguards by requiring search warrants for cellphone data. Building on Riley, the D.C. Circuit in United States v. Brown addressed whether compelling biometric unlocks—forcing individuals to unlock their phones The Supreme Court’s Starbucks Decision and Its Impact on SEC Enforcement Actions: A Changing Landscape in the 11th Circuit and Beyond Dmitriy SmirnovFebruary 12, 2025 Firm News In a landmark ruling, the Supreme Court in Starbucks Corp. v. McKinney, 144 S. Ct. 1570 (2024) rejected the historically lenient standard used by some federal agencies when seeking preliminary injunctions, instead reaffirming that courts must apply the traditional four-factor test. While Starbucks, a case that involved the National Labor Relations Board, was an important decision in reaffirming equitable principles, You’ve Received an SEC Subpoena. Attorney Selection Is Key. Dmitriy SmirnovFebruary 3, 2025 Firm News A subpoena from the Securities and Exchange Commission (SEC) is a formal request for documents or testimony related to an investigation into potential violations of federal securities laws. The SEC frequently issues subpoenas as part of its broader investigative process, particularly in cases involving suspected insider trading, securities fraud, or market manipulation. While receiving a subpoena does not necessarily imply Insider Trading and SEC Investigations Dmitriy SmirnovDecember 11, 2024 Firm News The Securities and Exchange Commission (SEC) has ramped up enforcement in recent years, a trend that has continued unabated in 2024. The SEC recently released its enforcement results for fiscal year 2024, revealing both setbacks and milestones. While the agency initiated only 583 actions—a 26% drop from FY 2023—it achieved a historic $8.2 billion in financial remedies, the highest ever Securities Enforcement: Impact of the Supreme Court’s SEC v. Jarkesy Decision Dmitriy SmirnovOctober 3, 2024 Firm News On June 27, 2024, the U.S. Supreme Court issued a pivotal ruling in SEC v. Jarkesy that will significantly reshape securities enforcement. As outlined below, it already has. In a 6-3 decision, the Court ruled that the Securities and Exchange Commission’s (“SEC”) use of in-house tribunals to resolve securities fraud cases violated the U.S. Constitution, affirming a defendant’s right to Posts navigation Older posts