White Collar

  • August 27, 2014

    UCLA Prof's Nepotism Not Criminal, Calif. Appeals Court Says

    A California appeals court ruled on Wednesday that a faculty member at the University of California, Los Angeles, may not be criminally prosecuted for helping his wife get hired as a program assistant for a four-week summer course, saying the matter isn’t one of "statewide concern."

  • August 27, 2014

    JPMorgan Chase, Several Other Banks Attacked By Hackers

    JPMorgan Chase & Co. and several other banks have reportedly been hit by coordinated hacker attacks this month, prompting a federal investigation, though the significance of the breaches remained unclear.

  • August 27, 2014

    9th Circ. Keeps SEC's $10M Win Against Ex-Brookstreet CEO

    The Ninth Circuit on Wednesday refused to reverse a $10 million securities fraud ruling against Brookstreet Securities Corp.’s former CEO, deciding the U.S. Securities and Exchange Commission could hold him liable for the actions of brokers he hired who sold risky investments.

  • August 27, 2014

    Texas Court Says Banks Can't Make DA Pay For Records

    A Texas appeals court on Tuesday rejected a bank’s argument that it should be compensated for producing account-holder records as part of grand jury subpoenas, holding there was no unconstitutional taking of property.

  • August 27, 2014

    NJ To Fight New Misconduct Trials Over Public Worker Abuses

    Prosecutors will appeal a New Jersey judge's decision handing new, separate trials to former Passaic Valley Sewerage Commission employees who were found guilty of official misconduct for deploying subordinates to perform work at private residences while they were on the clock.

  • August 27, 2014

    9th Circ. Largely Affirms Exec's Ponzi Scheme Conviction

    The Ninth Circuit on Wednesday largely upheld the convictions and sentence of a California man involved in a $20 million Ponzi scheme that caused $16 million in investor losses, affirming a lower court's rejection of his bid for a new trial but overturning his convictions on three mail fraud counts.

  • August 27, 2014

    Contractor Wins Partial Toss Of Shoddy-Truck FCA Suit

    A company facing fraud charges over a contract to build armored trucks for the U.S. military in Iraq dodged several claims in a related whistleblower’s suit that alleges it sold substandard trucks when a Virginia federal judge whittled down the suit on Tuesday.

  • August 27, 2014

    2nd Circ. Says No Bias In Fuel Cell Fraudster's Trial

    The Second Circuit on Wednesday affirmed a New York man's conviction for scamming $485,000 from investors who were told they were investing in the assets of a bankrupt fuel cell company, saying alleged government misconduct did not “permeate” the trial and was mostly harmless.

  • August 27, 2014

    City Scrutinizes Accounts After Treasurer's Theft Charges

    Officials in Pennsylvania’s financially beleaguered capital city said Wednesday that they were taking special precautions to ensure that its treasurer, who was charged this week for stealing more than $8,000 from a nonprofit he helped helm, had not also misappropriated any city money.

  • August 27, 2014

    China Resources Suspends President Pending Investigation

    China Resources Power Holdings Co. Ltd. has suspended its president after finding out that he is under investigation by Chinese authorities, it said in an investor filing on Tuesday.

  • August 27, 2014

    Ex-Iowa Sen. Admits Hiding Ron Paul Campaign Payments

    A former Iowa state senator pled guilty on Wednesday to secretly accepting $73,000 from Ron Paul’s 2008 presidential campaign in exchange for publicly endorsing the former Texas congressman.

  • August 27, 2014

    Pa. Company Gets $1.2M Fine For Hazardous Waste Dumping

    A Pennsylvania munitions and explosives manufacturer was sentenced in federal court on Wednesday to a $1.2 million fine and five years' probation for illegally storing hazardous waste at its Chester County facility.

  • August 27, 2014

    Jasper Johns Assistant Cops To Stealing Artwork

    A former assistant to prominent artist Jasper Johns pled guilty in New York federal court on Wednesday to stealing some of the painter’s works and selling them at a Manhattan gallery.

  • August 26, 2014

    Proskauer, Greenberg Traurig Duck $18M Facebook Fraud Suit

    A New York judge on Tuesday freed Proskauer Rose LLP and Greenberg Trauring LLP from an $18.2 million suit brought by investors allegedly duped into buying bogus shares of pre-IPO Facebook Inc., ruling the suit did not closely tie the firms to the fraud.

  • August 26, 2014

    SEC Asked To Pause On SAC's Cohen; Steinberg Awaits Word

    Federal prosecutors asked the SEC on Tuesday to keep a proceeding against SAC Capital's Steve Cohen on ice while they await a major Second Circuit decision — days after convicted former SAC manager Michael Steinberg told the regulator that the potential import of that ruling warrants an equal stay in his own SEC battle.

  • August 26, 2014

    Ex-DuPont Engineer Gets 2.5 Years For Trade Secrets Theft

    A California federal judge on Tuesday sentenced a former DuPont Co. engineer to two and a half years in prison and ordered him to pay nearly $750,000 in restitution and forfeitures for conspiring to sell trade secrets on the manufacture of titanium dioxide to Chinese government-owned companies.

  • August 26, 2014

    DOJ Hints At Potential Charges Over ConAgra Outbreak

    Federal prosecutors have contacted potential victims of a 2007 salmonella outbreak stemming from Peter Pan and Great Value peanut butter products, sold by packaged-food conglomerate ConAgra Foods Inc., in a move that indicates the possibility of charges over the outbreak, according to Monday news reports.

  • August 26, 2014

    2nd Circ. Won't Rehear Pemex's Tossed $160M Bribery Suit

    The Second Circuit on Monday declined to grant a panel rehearing to Petroleos Mexicanos and Pemex-Refinacion over the court's dismissal of a $160 million lawsuit alleging Siemens AG and SK Engineering & Construction Co. Ltd. bribed Mexican government officials to secure a refinery construction contract.

  • August 26, 2014

    Ex-Jenkens & Gilchrist Boss Seeks Bail Pending Appeal

    Former Jenkens & Gilchrist PC Chicago head Paul Daugerdas, sentenced this summer to 15 years for orchestrating a $7 billion tax fraud scheme, asked the Second Circuit on Friday for bail pending appeal on the grounds that the appeal raises a significant legal question.

  • August 26, 2014

    AUO Asks Full 9th Circ. To Rehear $500M Antitrust Case

    AU Optronics Corp. asked the entire Ninth Circuit on Monday to reconsider its appeal of a $500 million price-fixing fine the government won against the liquid crystal display maker, saying the recent panel decision upholding the penalty misinterpreted the evidence in the case.

Expert Analysis

  • Perils Of Communicating With Customers By Phone Or Text

    Given the large number of calls that can be made electronically, damages for Telephone Consumer Protection Act violations can run into the millions. In this short video, Sutherland partner Lewis Wiener discusses the TCPA and how businesses that communicate with customers by phone or text may be impacted.

  • Del.’s Adoption Of Garner — And Practical Ways To Respond

    Bruce A. Ericson

    A Delaware Supreme Court decision in a Wal-Mart shareholder suit connected to alleged bribery may breathe new life into the Garner doctrine and serves as a reminder of the fragility of the attorney-client privilege, say Bruce Ericson and Dorothy Kaslow of Pillsbury Winthrop Shaw Pittman LLP.

  • A 2014 US-UK Criminal Competition Law Roundup

    Trupti Reddy

    Recent developments indicate that the regulatory mood in the United States and U.K. is increasingly shifting toward going after not only companies involved in cartel activity, but also individuals working at those companies, say Trupti Reddy and Chime Metok Dorjee of Edwards Wildman Palmer UK LLP.

  • Medical Directors At Risk Under Anti-Kickback Statute

    Steve Grimes

    Over the years, the scope of prohibited conduct covered by the Anti-Kickback Statute has expanded, giving the federal government extraordinary power to investigate and prosecute those suspected of putting their own financial well-being ahead of their patients’ care, say Steve Grimes and Dan Rubinstein of Winston & Strawn LLP.

  • Fresenius Opens Door To FCA Tax Breaks

    Lawrence Hill

    Fresenius Medical Care Holdings Inc. v. U.S, recently decided by the First Circuit, opens the door for corporations to seek deductions for the double damages portion of False Claims Act awards in the absence of a tax characterization agreement, say attorneys with Shearman & Sterling LLP.

  • Recent FTAIA Cases Leave Important Questions Unresolved

    Jeffrey Jacobovitz

    In the last five months, three circuit courts have interpreted the Foreign Trade Antitrust Improvements Act, with some staking out differing positions on important aspects — namely, the requirement that foreign anti-competitive conduct have a direct effect on U.S. commerce in order to fall outside the FTAIA's general exemption for foreign conduct, say Jeffrey Jacobovitz and David Hobson of Arnall Golden Gregory LLP.

  • AKS Unlikely To Be Raised Over Pharma Discount Sales

    Stephanie Trunk

    A recently issued opinion from the U.S. Department of Health and Human Services' Office of Inspector General assented to a drug manufacturer’s online discount program for branded drugs, making discount and referral arrangements less likely to raise concerns when they avoid federal reimbursement systems, say Stephanie Trunk and Brian Schneider of Arent Fox LLP.

  • How To Control Risk And Cost Of E-Discovery

    "If you follow the philosophy of saving everything you're just multiplying exponentially the costs and risks of litigation and investigations," says Robert Owen, partner in charge of Sutherland Asbill & Brennan LLP's New York office and president of the Electronic Discovery Institute.

  • From Landlord To Locked Up: The Long Arm Of The SCRA

    Kirk D. Jensen

    While financial institutions — including private equity firms — rarely think of themselves as landlords, they may be subject to a narrow window of exposure under the eviction provisions of the Servicemembers Civil Relief Act, violations of which can lead to severe penalties, including incarceration, say attorneys with BuckleySandler LLP.

  • Inside 2nd Circ. Ruling On Overseas Whistleblower

    Mary Beth Hogan

    For companies with global operations, the Second Circuit's recent decision in Liu v. Siemens AG should provide at least some level of comfort that allegations by foreign employees regarding conduct exclusively outside the United States are outside the reach of Dodd-Frank’s anti-retaliation provision, say attorneys with Debevoise & Plimpton LLP.