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White Collar
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June 19, 2013
Duke Players Ask High Court To Limit King DNA Seizure Ruling
Three former Duke University lacrosse players suspected in an infamous 2006 rape case are urging the U.S. Supreme Court to overturn a ruling that police did not need probable cause to collect their DNA and other evidence, saying the court's recent ruling on a DNA privacy law should bar the practice.
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June 19, 2013
11th Circ. Clarifies Statute Of Limitations For Bribery
The Eleventh Circuit upheld the convictions Wednesday of three Florida maintenance workers involved in an alleged pay-to-play conspiracy with two hospitals and ruled that a bribery scheme's five-year statute of limitations clock starts to tick when a bribe is paid, not when it's agreed upon.
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June 19, 2013
More Criminal Trade Secrets Theft Suits On Texas Horizon
North Texas will see more federal prosecutions of criminal trade secrets in the coming years, meaning as businesses develop cybersecurity and data protection policies, they need to guard against using wrongfully obtained information, a Haynes & Boone LLP attorney said at a panel discussion Wednesday.
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June 19, 2013
2nd Circ. Raises Bar For Retrial Time-Limit Challenges
A divided Second Circuit on Wednesday made it more difficult for criminal defendants to argue that their retrials occurred too late, saying district courts may retroactively grant extensions to a 70-day window for retrials under the federal Speedy Trial Act.
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June 19, 2013
US Renews Obstruction Bid Against Ex-BP Exec
Federal prosecutors on Wednesday filed a superseding indictment in Louisiana federal court, seeking to shore up an allegation that BP PLC’s second-in-command during the Deepwater Horizon disaster knew of a congressional investigation he allegedly obstructed, a claim that was previously dismissed as too vague.
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June 19, 2013
Players In CityTime Kickback Scandal Cop Pleas
Three women pled guilty in Manhattan federal court on Wednesday to crimes linked to the alleged kickback scheme surrounding CityTime, the massive New York City payroll software project.
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June 19, 2013
Govt. Must Unveil Expert Info In DuPont Trade Secrets Case
Federal prosecutors handling the impending trial of USA Performance Technology Inc. owner Walter Liew on charges that he shared DuPont Co. trade secrets with Chinese companies must hand over experts’ reports to the defense by July 22, a California federal judge ordered Wednesday.
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June 19, 2013
Dolce, Gabbana Face $13M Fine Over $1.3B Tax Evasion Plot
An Italian judge on Wednesday reportedly hit Domenico Dolce and Stefano Gabbana with a fine of up to $13.4 million for an alleged tax evasion scheme in which the fashion designers hid $1.3 billion from authorities, in addition to sentencing them to a suspended jail term of 20 months.
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June 19, 2013
Ex-VA Medical Center Director Indicted In Bribery Scheme
The former director of the Louis Stokes Cleveland VA Medical Center has been indicted on 36 counts for allegedly taking bribes in exchange for influence over certain development projects and decisions involving the U.S. Department of Veterans Affairs, the U.S. Attorney’s Office in Cleveland said Wednesday.
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June 19, 2013
Feds Ask 2nd Circ. To Quash 'Game Of Skill' Poker Ruling
Playing poker for money is gambling, the federal government argued Wednesday, asking the Second Circuit to overturn a ruling that poker is a game of skill not regulated by criminal anti-gambling law.
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June 19, 2013
2nd Circ. Sets Up Hurdle For Asset-Freeze Hearings
The Second Circuit ruled Wednesday that criminal defendants must show they have insufficient assets to hire counsel of choice before being awarded a pretrial hearing to recover frozen assets for that purpose, denying a Bernard Madoff associate’s bid for such a hearing.
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June 19, 2013
UK Watchdog Calls For Overhaul Of Banker Oversight, Pay
Senior bankers must be held more accountable for their actions, including facing the risk of criminal charges for particularly reckless behavior, a U.K. parliamentary commission said Wednesday in a report proposing a banking system overhaul that also calls for stronger controls on payment practices.
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June 19, 2013
Trustee Doesn't Have Backstreet's Back On Ch. 11 Claims
The trustee overseeing the bankruptcy case of boy band giant and Ponzi schemer Lou Pearlman on Monday challenged $3.5 million in legal fees and related costs that the Backstreet Boys are seeking against their former manager.
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June 19, 2013
Lloyd's Escapes Defense Duty In Insurance Scam Suits
A Florida judge ruled on Tuesday that Lloyd’s of London is off the hook for an alleged insurance scammer’s defense costs in a pair of civil suits, saying his conviction in a related criminal case triggered a fraud exclusion in an employment coverage policy.
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June 19, 2013
Ex-Penn State Execs Lose 2nd Atty Privilege Appeal
The Pennsylvania Superior Court on Tuesday squashed a second appeal by two former Pennsylvania State University administrators who said a grand jury presentment relied on privileged attorney-client information and was defective, as they face charges for conspiring to cover up Jerry Sandusky's child abuse.
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June 19, 2013
Indicted Texas Judge Can't Duck Civil Removal Suit
A Texas judge indicted on nine counts of abusing his office was unable to convince a trial court Tuesday to dismiss a civil suit brought by the state that seeks his removal from office, clearing the way for an upcoming suspension hearing.
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June 19, 2013
Mayer Brown Settles Claims It Aided $1.5B Refco Fraud
Mayer Brown LLP has agreed to pay an undisclosed amount to Refco Inc.’s bankruptcy trustee to settle claims the law firm aided a $1.5 billion fraud scheme that produced a flurry of criminal convictions, the parties said Tuesday in a Second Circuit filing.
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June 18, 2013
Rothstein Trustee Wants Investors' Evidence Excluded
The trustee overseeing the liquidation of Ponzi schemer Scott Rothstein's law firm asked a Florida bankruptcy court Monday to exclude evidence from investors objecting to a provision in the exit plan that bars suits against TD Bank NA.
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June 18, 2013
Ex-Tribe Accountant Wants Fraud Conspiracy Suit Dismissed
The former senior accountant for the Miccosukee Tribe of Indians of Florida on Monday moved to dismiss the tribe's suit in Florida state court accusing her of taking part in conspiracies to defraud the tribe of millions of dollars and revealing confidential information.
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June 18, 2013
2nd Circ. OKs Hedge Fund Execs' Bail In Insider Trading Case
The Second Circuit on Tuesday granted bail requests from Anthony Chiasson and Todd Newman, two hedge fund executives who allegedly inside traded in Dell Inc., ruling that they can remain free while they appeal their convictions.
Expert Analysis
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3 Lessons From The IRS Scandal
For years, courts have limited the amount of discovery parties can request, even in multibillion-dollar cases, and Congress and the IRS should create a similar type of limitation for IRS examinations. Right now, the only limit on the IRS is time — three years from the date the return was filed. That is not enough protection, say Chuck Hodges and Susan Hu of Kilpatrick Townsend & Stockton LLP.
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UK Joint Ventures: Sanctions And Corruption Risks
What should be at the forefront of the mind of any in-house counsel or compliance officer whose company operates in joint ventures is section 7 of the U.K. Bribery Act, which holds that an organization does not even need to be aware of corrupt conduct in order to be guilty of an offense, say attorneys with Dechert LLP.
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How To Get A Pass When A Corruption Problem Occurs
Companies that can demonstrate a truly proactive approach to anti-corruption compliance — both before a problem arises and after an allegation is received — can help themselves obtain the much-desired “declination" from the U.S. government. While a declination can never be guaranteed, companies should take steps now to maximize their options, say attorneys with Paul Hastings LLP.
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How To Evaluate Insider Threats And Trading Risks
In light of several recent insider trading scandals, any hedge fund hoping to succeed should know that setting up an innovative internal mechanism to detect employee risk is paramount. Such an effective program requires evaluating factors such as employee behavior and anomalies in communication to create a new lens to investigate potential insider risk, says Jason Golub of K2 Intelligence LLC.
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Takeaways From Largest Drug Safety Settlement
The recent $500 million settlement of Ranbaxy USA Inc., the largest drug safety-related settlement with a generic manufacturer to date, has broad implications for U.S. Department of Justice and Food and Drug Administration enforcement trends. However, significant questions exist regarding the basis for False Claims Act liability, say attorneys with Skadden Arps Slate Meagher & Flom LLP.
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Contracting In A Perfect Storm Of Enforcement Risk: Part 2
Traditionally, contractors have viewed various aspects of responsibility — responding to investigations, developing ethics programs, interfacing with the customer, etc. — as entirely separate silo practices. In recent years, however, such a piecemeal approach to legal risk management has been shown to be startlingly ineffective, say attorneys with Covington & Burling LLP.
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How To Secure Your D&O Liability Insurance Lifelines
The best time to fix D&O insurance issues is when the sailing is smooth — not when the corporate yacht is about to sink. A number of specific issues should be at the top of any director’s and officer’s list, say Paul Ferrillo and Ronit Berkovich of Weil Gotshal & Manges LLP.
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10 Strategies For A Special Verdict Form
One way to ensure that you have your appellate bases covered despite the frenzy of trial is to have an appellate specialist review your proposed verdict form for preservation issues. This modest investment at the trial stage can help ensure that any appellate arguments you may make will have a solid basis in the record, say Dawn Solowey and Rob Carty of Seyfarth Shaw LLP.
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Gov't Missteps Have Created Leverage For Corporations
Seventeen high-profile federal cases over the past four years may provide corporations with greater leverage in negotiating resolutions to federal criminal investigations. The significant missteps by government prosecutors may have undermined the way in which judges view the government, say attorneys with Paul Hastings LLP.
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Mediators, Expand Your Tool Kit In Complex Litigation
The resolution of class actions or multidistrict litigation cases can present a number of challenges that call for the utmost in the mediator's skill and understanding. Though there is no typical complex litigation case, a mediator needs to recognize the special levels of complexity in these cases, such as litigating against "repeat players" and handling "follow-on" cases, says James Rosenbaum of JAMS.