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 Facing an SEC Subpoena? Here’s What You Need to Know and How an Attorney Can Help Dmitriy SmirnovFebruary 3, 2025 Securities Law If you’ve been served with an SEC subpoena, it’s likely you are facing a stressful and uncertain situation. A subpoena is an official request from the Securities and Exchange Commission (SEC) to produce documents, provide testimony, or both, as part of an investigation into potential violations of securities laws. While receiving a subpoena does not necessarily mean you are under Best Practices for Corporate Executives to Avoid Insider Trading Accusations Dmitriy SmirnovJanuary 7, 2025 Securities Law Insider trading accusations can severely damage reputations, careers, and company credibility. Several recent cases involving high-profile executives emphasize the importance of adhering to best practices for compliance with securities laws. Below, we outline essential strategies for corporate leaders to avoid accusations of insider trading, using recent cases as cautionary tales. Understand and Respect Blackout Periods A blackout period is a Posts navigation Older postsNewer posts