2009 Articles

Crowell & Moring LLP Antitrust Group partner and co-chair Wm. Randolph Smith, and associate Shawn R. Johnson, write about antitrust merger enforcement in the wake of the economic crisis.

Crowell & Moring LLP Government Contracts Group partner Catherine J. Kunz and associate Stephen J. McBrady write about the 2009 American Recovery and Reinvestment Act (ARRA), and how it presents government contractors in the renewable energy industry the opportunity to start doing business with the federal government and increase their volume of government business.

Crowell & Moring LLP Antitrust Group counsel Olivier N. Antoine writes about the Chinese Anti Monopoly Law, and how it has put China in the lead for setting global antitrust policy. This article takes stock of the nascent developments in Chinese antitrust enforcement, how they compare with recent antitrust experience elsewhere, and what to expect going forward.

Crowell & Moring LLP Government Contracts Group associate Stephen J. McBrady writes about the American Recovery and Reinvestment Act of 2009 and President Obama's commitment to improving the nation's infrastructure. The piece specifically looks at Public-Private Partnerships (PPPs) and where the money for this new investment will come from.

Thomas A. Hanusik, co-chair of Crowell & Moring LLP's White Collar & Securities Litigation Group, writes about the current implications of exercising the right not to incriminate yourself in an SEC enforcement proceeding and analyzes whether those implications are warranted or justified.

Crowell & Moring LLP E-Discovery & Information Management Group chair Jeane A. Thomas, and counsel’s David D. Cross and Courtney Ingraffia Barton, write about the new Federal Rule of Evidence 502 and whether it will reduce the costs of privilege reviews and logs in The National Law Journal.

In a two part series, Crowell & Moring LLP Government Contracts Group counsel John E. McCarthy Jr. and associate Adelicia R. Cliffe write about how the Todd Construction decision (Todd Construction, L. P. v. United States) and past performance evaluations impact government contractors.

Crowell & Moring LLP Government Contracts Group counsel John E. McCarthy Jr. and associate Adelicia R. Cliffe write about how the Todd Construction decision (Todd Construction, L. P. v. United States) and past performance evaluations impact government contractors.

Crowell & Moring LLP White Collar & Securities Litigation partner Stephen M. Byers and counsel Justin P. Murphy write about how the rules of e-discovery are developing rapidly in the civil context and how this impacts criminal investigations and litigation. The article provides practical advice about dealing with emerging trends and challenges in the context of subpoena compliance, search warrants, post-indictment discovery and international jurisdictional issues, including the extent to which the new civil rules are influencing criminal practice.

Crowell & Moring’s Labor & Employment Group partner Kris D. Meade, counsel Ursula Kubal Guzman, and associate Christopher Calsyn write about the enactment of the Lilly Ledbetter Fair Pay Act ("Ledbetter Act") by President Obama. Meade, Guzman and Calsyn warn that the new legislation could result in increased litigation over pay issues, and that companies should take steps to defend their compensation decisions.

Crowell & Moring partner and New York-based chair of the firm’s Financial Services Group William M. O’Connor, Labor & Employment Group counsel Betsy A. Miller, and Financial Services Group associate Lawrence J. Brenner, write about the declining economy and new developments under the Worker Adjustment and Retraining Notification (WARN) Acts. In particular the piece looks at (1) the enactment of a new WARN Act in the State of New York; (2) a recent bankruptcy court decision clarifying when WARN Act obligations qualify as an administrative expense under the Bankruptcy Code as amended in 2005; and (3) the Obama Administration's potential plans to increase employer liability under the federal WARN Act.