Jonathan S. Sack has extensive experience litigating complex civil and criminal cases. He represents individuals and companies in federal and state criminal, civil, and regulatory matters, and conducts internal investigations.
Cybersecurity and Individual Liability: "United States v. Sullivan" and the Criminalization of a Cyber Attack Response
Jonathan Sack analyzes a pending federal criminal prosecution wherein an individual has been charged with fraud arising from Uber Technologies’ response to a 2016 data breach.
Jury Rejects Wire Fraud Charges in Boeing Crash Prosecution
Jonathan Sack writes about the US government’s reliance on an expansive theory of "right to control” wire fraud and zeroes in on the importance of a vigorous defense on the facts and the law.
The SEC’s Rulemaking Process: Long-Haul or Short-Cut?
Jonathan Sack discusses the importance of a quantitative analysis approach to The SEC's Rule-making Process.
Payment For Order Flow & Market Implications
In light of the recent scrutiny of SEC officials, Jonathan Sack writes about the legal framework for Payment for Order Flow.
Restitution in FCPA Cases: Who Is a Victim of Foreign Corruption?
Jonathan Sack’s writes about the rising significance of restitution in FCPA cases.
Eleventh Circuit En Banc Ruling Fails To Resolve Key Issue Regarding Victims’ Right To Confer With Prosecutors
Jonathan Sack reviewed the recent ruling which needs to clarify an important procedural issue under the CVRA: 'when does a victim’s right to confer arise – before charges are filed in court, or only afterward?'.
Second Circuit Rulings Clarification May Affect Criminal Liability
Jonathan Sack co-authored an article discussing recent Second Circuit rulings clarifying the scope of criminal liability: non-disclosure agreements and insider trading.
Where’s the Quid? DOJ Tests the Limits of Public Corruption Law
Two recent federal prosecutions, in Ohio and Illinois, have drawn attention to the “quid” part of the equation – the thing of value a public official receives in return for a corrupt official act. In Jonathan Sack's latest New York Law Journal article, “Where’s the Quid? DOJ Tests the Limits of Public Corruption Law,” he discusses what these two prosecutions may say about federal public corruption law.
When Does Company Counsel Also Represent a Company Founder?
Jonathan Sack cautions that the legal standard makes it difficult for the individual to demonstrate a personal attorney-client relationship with the company counsel.
The Supreme Court Will Interpret Another White-Collar Criminal Statute
Jonathan Sack’s recent article, published by the New York Law Journal, analyzes the Computer Fraud and Abuse Act which is soon to be considered by the Supreme Court in United States v. Van Buren.
DOJ's Updated Guidance for Evaluating Corporate Compliance Programs
In his latest contribution, Jonathan Sack discusses the DOJ’s updated compliance guidance, “Evaluation of Corporate Compliance Programs.”
Crime Victims' Rights Act Challenged by Epstein Case
Writing for the "New York Law Journal," Jonathan Sack and his co-author evaluate the ruling by the U.S. Court of Appeals for the Eleventh Circuit that held that federal prosecutors did not have an obligation under the Crime Victims’ Rights Act to tell Jeffrey Epstein’s victims of the decision not to prosecute him for sex trafficking.
Employment Agreements Under (Dis)Stress
In his recent article in the "New York Law Journal," Jonathan Sack and his co-author look at employment contracts and how a change in compensation resulting from the coronavirus pandemic may trigger the employee's rights to severance, vesting of equity or options, and other benefits, and may impose added obligations on employers.
A New Discovery Tool in Arbitration
In his article in "Forbes," Jonathan Sack explains the significance of a recent ruling by England’s highest court, which held that judicial process may be invoked to order depositions in support of a foreign arbitration.
Revealing ‘Particulars’ In Criminal Fraud Cases
Jonathan Sack, in this article for the "New York Law Journal," discusses how while courts frequently deny particulars in fraud prosecutions, its advisable to seek a bill of particulars to help the defense avoid surprises at trial.
‘Bridgegate’ Uncovers Federalism in State Matters
The “New York Law Journal” published Jonathan Sack’s analysis of the influence that principles of federalism have had on Supreme Court decisions, using the “politically motivated” closure of traffic lanes along the George Washington Bridge in 2013, as an example.
Materiality and Admissibility of Evidence In Criminal Securities Fraud Cases
The New York Law Journal recently published Jonathan Sack’s commentary on materiality in securities fraud prosecutions. Read about important decisions examining admissibility of evidence.
Limiting the Reach of the Supreme Court’s ‘McDonnell’ Decision
Jonathan Sack recently co-authored an article about the “official act” requirement set forth in the Supreme Court’s McDonnell decision and how recent 2nd Circuit decisions highlight how fluid key aspects of anti-bribery law remain.