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White Collar
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June 12, 2024
Federal Jurist In Chicago Remembered As 'Favorite Judge'
Senior U.S. District Judge Harry D. Leinenweber, who oversaw the criminal trials of R. Kelly and the "ComEd Four" during his four decades on the bench in Illinois, is remembered as a compassionate "favorite judge" whose tireless work ethic kept him active in the court until his death Tuesday.
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June 12, 2024
Sen. Dems Seek Criminal Penalties For PE Hospital 'Looters'
A pair of Democratic senators are targeting private equity's role in the healthcare industry, introducing new legislation Tuesday that would give federal and state enforcers new tools to go after firms they say are "looting" hospital systems and other providers, including possibly jailing executives if patient deaths result.
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June 12, 2024
Norton Rose Adds 12 BCLP Attys In Denver, St. Louis
Norton Rose Fulbright has added a dozen attorneys from Bryan Cave Leighton Paisner LLP to its regulatory, investigations, securities and compliance practice in the firm's Denver and St. Louis offices.
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June 12, 2024
Judge Tells Embezzling Atty To Focus As Sentencing Looms
An Illinois federal judge on Wednesday again denied a former attorney's bid for a new trial or pre-sentencing release after a jury convicted him of misappropriating a now-shuttered bank's embezzled funds, saying he should concentrate on his upcoming sentencing instead.
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June 12, 2024
Mich. Atty Gets Life In Prison For Arranging Client's Murder
A Michigan attorney convicted of plotting to kill a wealthy client to gain access to his trust was sentenced Wednesday to life in prison without the opportunity for parole, and a judge said the lawyer viewed those around him as merely opportunities to profit.
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June 12, 2024
FBI Told OneTaste Witness To Delete Evidence, Ex-Execs Say
Two former executives of sexual wellness company OneTaste Inc. said they uncovered "shocking" evidence that an FBI agent told a former employee of the business and key government witness to delete an old email account, allegedly destroying exculpatory evidence in a forced-labor conspiracy case.
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June 12, 2024
Ex-Supreme Court Clerk, Federal Atty Joins McGuireWoods
McGuireWoods LLP announced the addition of another former federal prosecutor to its ranks on Wednesday, this time a product liability expert from Perkins Coie LLP who advises companies on various disputes and government investigations.
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June 12, 2024
Bannon Looks To Avoid Prison Amid Contempt Appeals
Donald Trump ally Stephen Bannon wants the D.C. Circuit to put off his four-month prison sentence for contempt of Congress while he continues to challenge the conviction, contending that the case is likely to pique the interest of the U.S. Supreme Court.
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June 12, 2024
First 'Survivor' Winner Wants $3M Tax Case Tossed
The winner of the first season of the TV series "Survivor" asked a Rhode Island federal court to toss the government's case against him seeking nearly $3.3 million in unpaid taxes, saying the liabilities stem from his flawed criminal conviction for tax evasion nearly 20 years ago.
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June 11, 2024
Amplitude Execs Face Suit Over Post-IPO Share Inflation
Current and former insiders of business software maker Amplitude were hit with a shareholder derivative suit claiming they profited from misrepresentations they made about the likelihood of the company sustaining its revenue growth following its initial public offering.
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June 11, 2024
Witness Takes Heat Off Menendez's Wife In Bribery Trial
A key cooperator helping make federal prosecutors' bribery case against U.S. Sen. Bob Menendez admitted Tuesday he has no reason to think the senator's wife held up her end of a supposed deal to exert influence on the senator in exchange for a much-discussed Mercedes.
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June 11, 2024
Ontrak CEO Told Broker To Sell Shares Quickly, Jury Hears
A stockbroker testifying Tuesday in the California federal insider trading trial for Ontrak's founder said the executive didn't accept his advice to delay selling shares of the healthcare company to avoid the appearance of trading on insider information, but instead insisted on selling the shares immediately.
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June 11, 2024
DC Circ. Affirms Petrobras' Immunity Denial In Fraud Case
The D.C. Circuit on Tuesday affirmed the denial of Petrobras' immunity defense against an investor fraud lawsuit filed after the petroleum company was implicated in a sprawling bribery scheme, ruling that the alleged fraud caused a direct impact on the United States sufficient to pull Petrobras into the court's jurisdiction.
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June 11, 2024
9th Circ. Judge On Theranos Appeal: 'Good Story' For Holmes
Two Ninth Circuit judges on a three-judge panel expressed concerns Tuesday that the district judge presiding over convicted former Theranos CEO Elizabeth Holmes' criminal trial erred by allowing a layperson witness to offer expert testimony at trial, with one judge saying, "There's a pretty good story here for Ms. Holmes."
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June 11, 2024
2025 Trial Set For Ex-Conn. Official Charged In Kickback Scheme
A Feb. 6 jury selection date has been set in a federal corruption case accusing a former Connecticut state budget official, lawmaker and beleaguered attorney of extortion and bribery in connection with millions in school finance projects.
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June 11, 2024
SEC Probing Autodesk After Accounting Practices Report
Autodesk Inc. said the U.S. Securities and Exchange Commission is investigating the software corporation after it voluntarily contacted the regulatory body to inform it of the company's own internal investigation into its free cash flow and non-generally accepted accounting principles operating margin practices.
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June 11, 2024
AI Hiring Platform's Ex-CEO Charged With $27M Fraud
The founder of hiring startup Joonko Diversity Inc. has been charged with fraud, with prosecutors saying Tuesday that she deceived investors into dumping $27 million into a platform that supposedly used artificial intelligence to help companies recruit diverse job candidates.
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June 11, 2024
Baldwin Urges Court To Block 'Rust' Armorer's Testimony
Alec Baldwin's legal team has urged a New Mexico state judge to prevent prosecutors from calling a convicted "Rust" film armorer to testify against the actor-producer during his upcoming involuntary manslaughter trial in the on-set shooting death of a cinematographer.
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June 11, 2024
Conn. Councilman, Others Charged With Mishandling Ballots
A member of the city council of Bridgeport, Connecticut, and three other campaign workers were arrested and charged Tuesday for allegedly mishandling absentee ballots, misleading people on how to vote absentee and urging witnesses not to tell the authorities about their alleged actions.
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June 11, 2024
Ex-Union Leader Seeks Sentencing Delay Ahead Of Retrial
Former International Brotherhood of Electrical Workers Local 98 business manager John Dougherty has asked a Pennsylvania federal judge to postpone his sentencing for his bribery and embezzlement convictions, pointing to the possibility of the government retrying him on extortion charges following an April mistrial in that case.
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June 11, 2024
Heinz Charity Says Ex-Adviser Stole Almost $1M Via Sham Co.
A technology adviser for the Pittsburgh-based Heinz Endowments embezzled nearly a million dollars by steering payments to a company he secretly owned for work it never did, then tried to cover his tracks when he came under investigation, the endowments claimed in a federal lawsuit.
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June 11, 2024
Retrial Begins In NJ Fraud Case Over COVID Test Kit Deal
The painstaking process of jury selection got underway Tuesday in the retrial of a securities fraud case that ended with a dramatic mistrial after a juror announced in open court that he disagreed with the guilty verdict that had just been delivered by the jury forewoman.
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June 11, 2024
Feds Want 10 Years For Ex-Chicago Alderman Burke
Federal prosecutors asked an Illinois federal judge Monday to send former Chicago Alderman Ed Burke to prison for 10 years for "brazenly and boldly" using his official position to steer tax business to his law firm, while Burke requested a sentence of probation, bolstered by letters of support from prominent attorneys and retired judges.
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June 11, 2024
Former McElroy Deutsch Exec Fights Home Claim In Theft Suit
With her husband having pled guilty to stealing over $1.5 million from McElroy Deutsch Mulvaney & Carpenter LLP last month, the firm's former business development director held firm this week that a New Jersey state court must reject the firm's bid to put the couple's house in a constructive trust.
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June 11, 2024
Trump Claims Feds Staged Doc Discoveries At Mar-A-Lago
Agents searching Donald Trump's Mar-a-Lago estate during a 2022 raid ignored instructions to document classified documents as they were found but instead separated them from personal items and took pictures to show that's how they were initially discovered, according to a motion filed in Florida federal court.
Expert Analysis
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Opinion
State-Regulated Cannabis Can Thrive Without Section 280E
Marijauna's reclassification as a Schedule III-controlled substance comes at a critical juncture, as removing marijuana from being subjected to Section 280E of the Internal Revenue Code is the only path forward for the state-regulated cannabis industry to survive and thrive, say Andrew Kline at Perkins Coie and Sammy Markland at FTI Consulting.
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Asset Manager Exemption Shifts May Prove Too Burdensome
The U.S. Department of Labor’s recent change to a prohibited transaction exemption used by retirement plan asset managers introduces a host of new costs, burdens and risks to investment firms, from registration requirements to new transition periods, say attorneys at Simpson Thacher.
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E-Discovery Quarterly: Recent Rulings On Text Message Data
Electronically stored information on cellphones, and in particular text messages, can present unique litigation challenges, and recent court decisions demonstrate that counsel must carefully balance what data should be preserved, collected, reviewed and produced, say attorneys at Sidley.
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CFPB Reality Check: Video Game Cash Is Still Money
The Consumer Financial Protection Bureau's recent report examining payments within online video games indicates that financial services offered within the game marketplace are quickly evolving to the point where they are indistinguishable from traditional financial services subject to regulation, say attorneys at Sheppard Mullin.
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Keeping Up With Class Actions: A New Era Of Higher Stakes
Corporate defendants saw unprecedented settlement numbers across all areas of class action litigation in 2022 and 2023, and this year has kept pace so far, with three settlements that stand out for the nature of the claims and for their high dollar amounts, says Gerald Maatman at Duane Morris.
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'Fat Leonard' Case Shows High Bar For Rescinding Guilty Plea
Prosecutors’ recent move in the “Fat Leonard” bribery case, supporting several defendants’ motions to withdraw their guilty pleas, is extremely unusual – and its contrast with other prosecutions demonstrates that the procedural safeguards at plea hearings are far from enough, says Sara Kropf at Kropf Moseley.
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PE In The Crosshairs Of Public And Private Antitrust Enforcers
A series of decisions from a California federal court in the recently settled Packaged Seafood Products Antitrust Litigation, as well as heightened scrutiny from federal agencies, serve as a reminder that private equity firms may be exposed to liability for alleged anti-competitive conduct by their portfolio companies, say attorneys at Axinn.
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Series
Swimming Makes Me A Better Lawyer
Years of participation in swimming events, especially in the open water, have proven to be ideal preparation for appellate arguments in court — just as you must put your trust in the ocean when competing in a swim event, you must do the same with the judicial process, says John Kulewicz at Vorys.
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Mid-2024 FCA Enforcement And Litigation Trends To Watch
Reviewing notable False Claims Act trends and enforcement efforts in the last year and a half reveals that healthcare is a key enforcement priority for the U.S. Department of Justice, and the road ahead may bring clarification on Anti-Kickback Statute causation and willfulness standards, along with increased focus on private equity, cybersecurity and self-disclosure, say attorneys at Epstein Becker.
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End Of Acquitted Conduct Sentencing Can Spark More Reform
The U.S. Sentencing Commission’s recent end to factoring acquitted conduct into federal sentences could signal the start of a more constitutionally sound advisory scheme, but Congress and the Supreme Court must first authorize the commission to resolve two constitutional errors baked into its guidelines, say Mark Allenbaugh at SentencingStats.com and Alan Ellis at the Law Offices of Alan Ellis.
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Setting Goals For Kicking Corruption Off FIFA World Cup Field
The unprecedented tri-country nature of the 2026 men's World Cup will add to the complexity of an already complicated event, but best practices can help businesses stay on the right side of anti-corruption rules during this historic competition, say Sandra Moser and Emily Ahdieh at Morgan Lewis.
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Don't Use The Same Template For Every Client Alert
As the old marketing adage goes, consistency is key, but law firm style guides need consistency that contemplates variety when it comes to client alert formats, allowing attorneys to tailor alerts to best fit the audience and subject matter, says Jessica Kaplan at Legally Penned.
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Don't Fall On That Hill: Keys To Testifying Before Congress
Because congressional testimony often comes with political, reputational and financial risks in addition to legal pitfalls, witnesses and their attorneys should take a multifaceted approach to preparation, walking a fine line between legal and business considerations, say attorneys at Crowell & Moring.
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Series
Walking With My Dog Makes Me A Better Lawyer
Thanks to my dog Birdie, I've learned that carving out an activity different from the practice of law — like daily outdoor walks that allow you to interact with new people — can contribute to professional success by boosting creativity and mental acuity, as well as expanding your social network, says Sarah Petrie at the Massachusetts Attorney General’s Office.
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Think Like A Lawyer: Follow The Iron Rule Of Trial Logic
Many diligent and eager attorneys include every good fact, point and rule in their trial narratives — spurred by the gnawing fear they’ll be second-guessed for leaving something out — but this approach ignores a fundamental principle of successful trial lawyering, says Luke Andrews at Poole Huffman.