Insights & News

If you’ve been charged with a white collar crime (such as insider trading, bank fraud, or various FCPA violations) then you could be exposed to a range of penalties that include significant jail time. Though of course liability is best avoided, there are some situations in which the evidence clearly points to guilt.  If the prosecution has clearly established your liability, then it’s important not to resign yourself to the worst-possible outcome — with the aid of a skilled criminal defense attorney, your sentence could be reduced and changed to probation so that you can avoid a term of imprisonment […]

If you’re engaged in a breach of contract dispute, then there may be a question of validity and enforceability with regard to the underlying contract — you may want to argue that the contract is actually invalid/unenforceable, or that the contract is valid/enforceable. For example, if you are suing a defendant for breaching contract, then the defendant may attempt to argue that they are not liable for breach as the underlying contract was never validly formed. The formation of a valid contract is ultimately dependent on the offer-acceptance paradigm, which is a series of back-and-forth manifestations of intent (relating to […]

In every state jurisdiction, mere non-contractual promises are not generally enforceable under the law.  Unless the offer-acceptance paradigm has been satisfied (for the creation of a valid and enforceable contract), parties must rely on the application of “promissory estoppel” principles to ensure that their non-contractual agreements are enforced. Promissory estoppel is a powerful tool for imposing civil damages in business dispute scenarios involving reliance-inducing promises.  Let’s take a closer look at the elements that form the underlying basis for a promissory estoppel claim. Elements of a Promissory Estoppel Claim Generally speaking, promissory estoppel requires: Clear and unambiguous promise; Reasonable and […]

If you’ve been charged with a white collar crime (i.e., financial fraud, insider trading, etc.), then you may be facing overwhelming and life-changing consequences.  A conviction for a white collar crime may carry with it significant penalties that could include years of imprisonment and full restitution for the monetary losses incurred. Your potential sentence could vary quite a bit, however, depending on the presence of mitigating factors.  Let’s take a closer look. Sentencing Guidelines Judges first evaluate the offense level of a white collar crime in accordance with the applicable sentencing guidelines (federal or state).  It’s important to note that […]