White Collar RSS

  • April 22, 2014

    NCAA Asks Court To Rethink Seeking PSU Input On $60M Fine

    The NCAA on Monday asked a Pennsylvania appeals court to reconsider a recent finding that a consent order leveling $60 million in fines against Pennsylvania State University following the Jerry Sandusky sex abuse scandal requires the school’s input to be considered valid.

  • April 22, 2014

    Texas Atty Gets 10 Years For Forgery, Billing Scam

    A Texas criminal defense attorney who recently confessed to felony charges stemming from her alleged overbilling of work for indigent clients and forgery of judicial signatures was slammed with a 10-year state prison sentence Monday.

  • April 22, 2014

    Akin Gump Welcomes Back Former SEC Senior Trial Atty

    A former U.S. Securities and Exchange Commission trial attorney who was involved in the agency’s litigation around JPMorgan Chase & Co.’s London whale debacle has rejoined Akin Gump Strauss Hauer & Feld LLP as a partner in its New York office, the firm said Tuesday.

  • April 22, 2014

    Ex-BofA Worker Avoids Prison In Bid-Rigging Scandal

    A former Bank of America Corp. official who became a U.S. government witness in its crackdown on alleged municipal contract bid-rigging escaped punishment at his sentencing hearing Tuesday in New York federal court.

  • April 22, 2014

    DOJ Names New No. 2 At Criminal Unit's Helm

    The U.S. Department of Justice confirmed Tuesday that it has named Marshall L. Miller as second-in-command in the agency’s criminal unit, where he'll take on the roles of acting principal deputy assistant attorney general and chief of staff, the agency said.

  • April 22, 2014

    NJ Bridgegate Panel Issues 4 Subpoenas For Testimony

    A New Jersey committee investigating September's politically charged closure of George Washington Bridge access lanes issued four subpoenas on Tuesday to current and former members of Gov. Chris Christie's office and to two Port Authority of New York and New Jersey officials for testimony next month.

  • April 22, 2014

    The Accidental Advocate: Judge John E. Jones III

    Pennsylvania Middle District Judge John E. Jones III talks to Law360 about the surreal aftermath of his divisive ruling against intelligent design as he prepares for yet another potentially explosive trial over Pennsylvania's same-sex marriage ban.

  • April 22, 2014

    Ex-Celgene Exec Gets 16 Months For Insider Trading Plot

    A former Celgene Corp. executive was sentenced to 16 months in prison in New Jersey federal court Tuesday, for sharing tips on acquisitions, quarterly earnings and regulatory news during a five-year insider trading scheme also fueled by nonpublic information from Stryker Corp. and Sanofi-Aventis U.S. LLC.

  • April 22, 2014

    GrayRobinson Drops Ex-Mutual Benefits Atty In Appeal

    The former outside counsel for Mutual Benefits Corp. will be on his own for the appeal of his 10-year sentence for his role in the company's $837 million insurance investment scam after his GrayRobinson PA attorneys dropped him, according to court papers filed Monday.

  • April 22, 2014

    2nd Circ. Questions 'Amorphous' Insider Trading Law

    The U.S. government's years-long insider trading crackdown hit a potential snag on Tuesday, as a Second Circuit panel sharply questioned its legal theory that recipients of inside tips can be found guilty even if they didn’t know that the tipper received a personal benefit.

  • April 22, 2014

    XTO Loses Bid For More Info On Fracking Spill Prosecution

    A Pennsylvania state judge on Thursday denied a request by XTO Energy Inc. to uncover details about the state’s case against it in a prosecution stemming from the Exxon-Mobil Corp. unit’s alleged spill of more than 50,000 gallons of toxic wastewater from a Marcellus Shale gas well site.

  • April 21, 2014

    JPMorgan 'Hijacked' Amerindo Assets, Convicts' Atty Says

    An attorney representing two money managers who were convicted in 2008 of defrauding clients, accused JPMorgan Chase & Co. of stealing funds that had been seized during the scheme's collapse, according to a letter filed in New York district court Monday.

  • April 21, 2014

    High Court Won't Weigh Surgeon's False Claims Verdict

    The U.S. Supreme Court on Monday declined to hear an appeal by a surgeon convicted of defrauding the government by overcharging for aneurysm treatments.

  • April 21, 2014

    PG&E Arraigned On Charges Tied To Fatal Pipeline Blast

    Utility company Pacific Gas and Electric Co. was arraigned Monday in California federal court on criminal charges related to alleged safety violations on a natural gas pipeline that exploded outside San Francisco in 2010, killing eight people.

  • April 21, 2014

    NJ Gov.'s Campaign Spent $324K On 'Bridgegate' Response

    New Jersey Republican Gov. Chris Christie’s re-election campaign has spent more than $300,000 in legal fees related to its cooperation with the investigation of the “Bridgegate” scandal, according to a campaign finance document released this month.

  • April 21, 2014

    Facebook Stock Fraudster May Get Above-Guidelines Sentence

    A Florida federal judge indicated Monday that he intends to vary above the sentencing guidelines for Allen Weintraub, who pled guilty to a Facebook stock sale fraud scheme, but delayed final judgment to allow the defense one last argument for a more lenient penalty.

  • April 21, 2014

    Defense Cos. Face Hazards In New Push For Foreign Sales

    While many U.S. defense companies are hoping that foreign military sales can help them weather a prolonged slump in military sales at home, cross-border sales hold several risks for the unwary, including heavy fines and criminal penalties for violating export controls and anti-bribery laws.

  • April 21, 2014

    Kirkland & Ellis Partner Gets White House Counsel Nod

    President Barack Obama has nominated Kirkland & Ellis LLP white collar and securities litigation partner W. Neil Eggleston to take over as the new White House counsel, replacing the departing Kathryn Ruemmler, the White House announced Monday.

  • April 21, 2014

    NJ Public Defender Proposes Flat Fee Schedule

    New Jersey’s Office of the Public Defender on Monday proposed a new, flat-fee schedule for its services, a move it said will allow it to continue representing indigent clients.

  • April 21, 2014

    NJ Court Won't Revive Charge Over Arbitrator Threats

    A New Jersey appeals court refused Monday to revive half of an indictment accusing a divorcee of threatening a public official as part of an arbitration proceeding because the arbitrator never received a formal court appointment and didn't qualify as a public servant.

Expert Analysis

  • Mandatory Pro Bono Is Not The Answer For Practitioners

     Amanda D. Smith

    The State Bar of California has decided to follow New York's lead and require prospective attorneys to record 50 hours of pro bono service in order to be eligible for admission. While we applaud the intentions behind these initiatives, there are a number of reasons why state bars should limit any mandatory pro bono requirement to this context, rather than extend it to licensed attorneys as some have suggested, say attorneys with the Association of Pro Bono Counsel.

  • Toyota Agreement Showcases New DOJ Enforcement Model

    Keith M. Rosen

    As part of its agreement with the U.S. Department of Justice, Toyota Motor Corp. agreed to forfeit $1.2 billion — the largest criminal penalty imposed on a car manufacturer in U.S. history. While the size of this penalty has rightly received considerable attention, there is much more about the criminal case against Toyota and the deferred prosecution agreement that is worthy of close scrutiny by companies in the U.S. and abroad, say attorneys with Chadbourne & Parke LLP.

  • Cross-Border Complexities: Keep The C-Suite Out Of Prison

    Shari L. Pire

    The potential for significant gains makes high-growth markets, such as Russia, Brazil and India, particularly enticing. But at what cost? Business practices that are both acceptable and customary in other countries may violate U.S. and other anti-bribery and corruption laws. However, there are ways to insulate the corporation from liability, says Shari Pire of Willkie Farr & Gallagher LLP.

  • The Future Of Law Firm PR: The Good, Bad And Ugly

    Paul Webb

    There has been a dramatic change in how public relations professionals interact with the news media to promote or protect a law firm’s brand and reputation. But content is queen and has a bright future in law firm PR — it all begins with a plan that should include goals, performance indicators and a system of assessment, say Paul Webb, director of marketing at Young Conaway Stargatt & Taylor LLP, and Kathy O'Brien, senior vice president at Jaffe PR.

  • Good News For South Fla. Ponzi Schemers?

    Lawrence A. Kellogg

    In its effort to protect public companies and legitimate businesses in general, the U.S. Supreme Court appears to be overlooking the effect its rulings are having on those for whom the fraud provisions of the securities laws were designed to protect. Should the court ring the death knell on class action securities cases, the South Florida climate for Ponzi schemers and other fraudsters will become better than ever, says Lawrence Kellogg, a founding partner of Levine Kellogg Lehman Schneider & Grossman LLP.

  • What Will Gov't Seek To Prove In Rajaratnam Brother Case?

    Michele Adelman

    More courts than not have found that the government bears the burden of proving that a remote tippee knew that the tipper received some form of personal benefit, so the inevitable question is whether the government will reverse course and seek to prove that Rajarengan Rajaratnam knew that his brother Raj's tippers received a personal benefit, rather than running the risk of having a reversal of any conviction of Rajarengan, says Michele Adelman of Foley Hoag LLP.

  • Beware 'Jewel' Risks In Lateral Partner Hiring

    Pamela Phillips

    Jewel litigation has been filed after every major law firm bankruptcy in the past 10 years, including Lyon & Lyon, Brobeck, Coudert, Thelen, Heller and Howrey. These lawsuits have produced years of litigation, with similar suits expected in the Dewey bankruptcy. Despite the legal uncertainties surrounding such claims, hiring firms can take steps now to minimize their Jewel risk for any lateral hire, say attorneys with Arnold & Porter LLP.

  • Medicare Data Release May Spur Health Care Investigations

    Eric D. Fader

    Some industry observers have speculated that the Centers for Medicare and Medicaid Services' recent release of data on Medicare reimbursement payments to health care providers will result in an increase in whistleblower claims under the False Claims Act. While that remains to be seen, "outlier" providers identified in the data may be wise to prepare for some unwanted attention, say Eric Fader and Elizabeth Kim of Day Pitney LLP.

  • Reading Between The Whistleblower Headlines

    Shanti Atkins

    The meteoric media rise of the “celebrity” whistleblower has shone a spotlight on the practice, with personalities such as Chelsea Manning and Edward Snowden dividing public opinion on the ethics of spilling secrets. But organizations should pay close attention to the surge in this trend beyond the headlines. Remember, whistleblowers don’t need to be popular to be effective, and opinions on their motives and morality are entirely secondary to the critical issues they potentially uncover, says Shanti Atkins of Navex Global.

  • 7th Circ. Ruling May Restrict Int'l Cartel Enforcement

    Alex Bourelly

    What’s next for international cartel cases based on arguments for potential applications of the Foreign Trade Antitrust Improvements Act? Judge Richard Posner and the Seventh Circuit recently gave one answer to that question, and it’s good news for many criminal defendants and potential targets of investigations, say Alex Bourelly and Noah Mink of Baker Botts LLP.