Krista Landis

Dec 12, 2024 | jdsupra.com | Krista Landis

On December 9, 2024, the U.S. Supreme Court heard oral argument in Kousisis v. United States[1], a case that asks the Supreme Court to significantly narrow the scope of what behavior constitutes a federal criminal fraud. For example, if your babysitter tells you over the phone that she is going to use her babysitting money to pay for college, but in reality she blows it on a trip to Cancun instead, did she commit wire fraud? Sounds crazy, right?

Jun 11, 2024 | law360.com | Charles L. Kreindler |Krista Landis

By Charles Kreindler and Krista Landis (June 11, 2024, 3:38 PM EDT) -- A recent U.S. Court of Appeals for the Ninth Circuit opinion instills the importance of raising an often overlooked defense in federal fraud cases: that the defendant's misrepresentation did not affect the "nature of the bargain."... Law360 is on it, so you are, too. A Law360 subscription puts you at the center of fast-moving legal issues, trends and developments so you can act with speed and confidence.

May 27, 2024 | mondaq.com | Charles L. Kreindler |Krista Landis

A recent Ninth Circuit opinion instills the importance of raising an often overlooked defense in federal fraud cases: that the defendant's misrepresentation did not affect the "nature of the bargain." In United States v. Milheiser, the panel recently vacated six defendants' convictions for mail fraud, holding that merely lying to influence a transaction does not rise to the level of fraud. Instead, a "lie must go to the nature of the bargain" to support a conviction.

May 24, 2024 | jdsupra.com | Charles L. Kreindler |Krista Landis

A recent Ninth Circuit opinion instills the importance of raising an often overlooked defense in federal fraud cases: that the defendant’s misrepresentation did not affect the “nature of the bargain.” In United States v. Milheiser, the panel recently vacated six defendants’ convictions for mail fraud, holding that merely lying to influence a transaction does not rise to the level of fraud. Instead, a “lie must go to the nature of the bargain” to support a conviction.

May 23, 2024 | natlawreview.com | Charles L. Kreindler |Krista Landis |David Salamon |Gregg M. Benson

On May 21, 2024, staff of the U.S. Securities and Exchange Commission (“SEC”) published additional interpretive guidance on reporting material cybersecurity incidents under Form 8-K. Since December 18, 2023, when the SEC’s rules for reporting material cybersecurity incidents under Item 1.05 on Form 8-K took effect, we have identified 17 separate companies that have made disclosures under the new rules.