Blog

25 Jun The Supreme Court’s Majority in Lucia Makes For Strange Bedfellows

Posted at 22:17h in Securities Litigation & Regulation by Ron Wood

The Supreme Court’s recent decision in Lucia v. SEC hardly came as a surprise. Sure, it invalidated a decades-old process for appointing SEC administrative law judges (“ALJs”), a rare occurrence, the reverberations of which are sure to flow across the federal landscape. But, after the...

22 Jun The Supreme Court Resolves A Split In Circuits, Holding That SEC Administrative Law Judges Are Subject To The Appointments Clause

Posted at 21:04h in Securities Litigation & Regulation by Ron Wood

After several years and many challenges, the Supreme Court has finally decided that Securities and Exchange Commission (“SEC”) administrative law judges (“ALJs”) are “inferior officers” who exercise significant federal authority and therefore are required by the Appointments Clause of the US constitution to be appointed...

12 Apr BWO Partner Ken White On The FBI Search of Michael Cohen’s Office

Posted at 17:48h in Uncategorized by brownwhitel

This week BWO partner Ken White, whose practice includes federal criminal defense, spoke extensively about the FBI search of the offices of President Trump's attorney Michael Cohen. Mr. White had a Op-Ed column in the New York Times on April 10 explaining the likely significance of the...

13 Feb BWO Partner Ken White On Fox News @ Night Regarding Special Counsel Investigation

Posted at 17:17h in Uncategorized by brownwhitel

BWO Partner Ken White appeared on Fox News @ Night With Shannon Bream last week to discuss why targets of investigations – in this case, the President of the United States – should be extremely wary of voluntary interviews with law enforcement....

08 Feb BWO Partner Ken White Published In Reason Magazine

Posted at 22:45h in Uncategorized by brownwhitel

BWO Partner Ken White, who is a Contributing Editor at Reason Magazine, has a new article published there explaining the perils of voluntary discussions with federal investigators....

31 Jan BWO Partner Ken White Launches First Amendment Podcast “Make No Law”

Posted at 16:39h in Litigation by brownwhitel

Brown White & Osborn LLP partner Ken White, a First Amendment litigator, has launched a monthly podcast on the Legal Talk Network. The podcast, called "Make No Law", explores the background and context of famous First Amendment cases. At launch, two episodes are available: "Fighting Words,"...

19 Jan LA Times Op-Ed on Executive Privilege

Posted at 18:43h in Uncategorized by brownwhitel

BWO Partner Caleb Mason is in the LA Times on why Steve Bannon can’t claim executive privilege, and why the White House hasn’t claimed it....

19 Jan BWO Partner Ken White To Give Keynote Address At Free Speech Conference

Posted at 18:35h in Uncategorized by brownwhitel

BWO Partner Ken White, whose practice includes First Amendment law and free speech issues, has been selected to give the keynote address at the West Coast Regional Conference of the Foundation for Individual Rights in Education. FIRE is the preeminent organization defending the free speech...

09 Jan BWO Partner’s Article “99 Problems” A Popular Read

Posted at 18:26h in Criminal Defense by brownwhitel

The Social Science Research Network has named BWO partner Caleb Mason’s article “Jay-Z’s 99 Problems, Verse 2: A Close Reading with Fourth Amendment Guidance for Cops and Perps” a Weekly Top 5 paper based on demand for it. Ms. Mason’s article colorfully illustrates how the Jay-Z song...

19 Dec The Coming Wave of SEC and CFTC Regulation of ICOs

Posted at 17:18h in Securities Litigation & Regulation by Ron Wood

With the startling rise in the value of Bitcoin and the proliferation in the number of crypto- or digital currency initial coin offerings (“ICO’s”) -- more than 160 thus far in 2017 -- government regulators around the world are actively evaluating the risk and utility...