White Collar

  • February 16, 2018

    Ex-Gibson Dunn Partner Tapped To Be US Atty In LA

    In his latest wave of U.S. attorney nominations Friday, President Donald Trump tapped Nicola Hanna, a former Gibson Dunn & Crutcher LLP partner and current interim U.S. attorney in Los Angeles, to occupy that post on a permanent basis.

  • February 16, 2018

    Spy Court Suggests Lawmakers Ask DOJ For FISA Case Info

    Foreign Intelligence Surveillance Court Judge Rosemary M. Collyer told senior Republican lawmakers Thursday that the court was still analyzing their “novel” requests for documents related to allegations that the U.S. Department of Justice misled the FISC to surveil a Trump campaign adviser, suggesting instead that they go to the DOJ directly.

  • February 16, 2018

    Senate Approves New DOJ National Security Chief, DOD Noms

    The U.S. Senate on Thursday confirmed a Boeing Co. attorney to lead the U.S. Department of Justice’s National Security Division, alongside several U.S. Department of Defense nominees, including a former NASA chief for the new position of undersecretary for research and engineering, part of a shakeup to the DOD's acquisition office.

  • February 16, 2018

    Atty Botched Plea, Man Convicted Of Fraud Tells 2nd Circ.

    A man convicted in two separate multimillion-dollar fraud cases told the Second Circuit on Thursday that he suffered from ineffective counsel, saying his attorney never told him about a deal that would have consolidated his guilty pleas and potentially taken more than two years off his sentence.

  • February 16, 2018

    Takata Wins Nod For Ch. 11 Plan Confirmation, $1.6B Sale

    A Delaware bankruptcy judge agreed Friday to confirm Takata’s Chapter 11 plan that centers on a $1.6 billion sale to Key Safety Systems Inc. and uses proceeds to pay victims of Takata's dangerously defective air-bag inflators, after hearing that the major creditor groups were all on board.

  • February 16, 2018

    Newswire Hacker Can’t Beat $30M Securities Fraud Case

    A Brooklyn federal court rejected a former Morgan Stanley fund manager's request to trim his indictment for allegedly scheming to make $30 million by trading on information from stolen press releases, with the judge finding Friday the charges were sufficiently specific.

  • February 16, 2018

    Up Next At High Court: Double Jeopardy, Self-Incrimination

    The U.S. Supreme Court will enter the underworld of burglars, spouse abusers and drug dealers in its first week back on the bench after a long winter recess, hearing a busy criminal docket presenting constitutional questions around double jeopardy and self-incrimination that are critical to the white collar bar.

  • February 16, 2018

    Dallas Atty Cops To Running Marriage Fraud Scheme

    A Dallas attorney accused of arranging a marriage to secure lawful permanent resident status for his legal assistant entered a guilty plea to the charge Thursday, the U.S. Department of Justice announced Friday.

  • February 16, 2018

    Convicted Dewey Exec's SEC Deal Hinges On Criminal Appeal

    A settlement between the U.S. Securities and Exchange Commission and former Dewey & LeBoeuf LLP chief financial officer Joel Sanders, who was convicted of fraud, rests on the outcome of Sanders' criminal appeal, a Manhattan federal judge heard Friday.

  • February 16, 2018

    Bass Berry Snags Ex-HHS, Polsinelli Health Care Atty

    Bass Berry & Sims PLC expanded its Nashville, Tennessee, group with the addition of a former Polsinelli PC attorney who brings experience advising on private equity acquisitions and other transactions in the health care industry as well as a background with compliance and False Claims Act suits.

  • February 16, 2018

    Insider Tips Case Shows 3rd Circ.'s Caution On Sentencings

    A recent Third Circuit opinion that scrapped a nearly four-year prison sentence for a former Simpson Thacher & Bartlett LLP managing clerk convicted in a $5.6 million insider trading scheme is consistent with a wider pattern by the appeals court of taking a hard look at sentencing overreaches, court watchers say.

  • February 16, 2018

    Guantanamo Trial Halted After 'Revolution' By Defense

    A judge overseeing the military commission prosecuting the alleged mastermind of the deadly USS Cole bombing has halted the case, citing his ongoing frustration with defense attorneys who are allegedly rebelling against the military commission system.

  • February 16, 2018

    Caterpillar's Tax Bill May Reach $2.3B After IRS Audit

    Caterpillar Inc. may owe the Internal Revenue Service $2.3 billion in taxes and penalties following the conclusion of field audits concerning its income tax returns and profits earned by its Swiss affiliate, according to the annual report the company filed Thursday.

  • February 16, 2018

    NJ Teacher Cops To Role In $50M Drug Fraud Scheme

    A New Jersey teacher pled guilty to defrauding New Jersey’s health benefits program and other insurers out of more than $2 million by recruiting state employees who could submit unnecessary prescriptions, as part of his role in a $50 million scheme, the New Jersey attorney general said on Friday.

  • February 16, 2018

    Mueller Charges 13 Russians With US Election Tampering

    Thirteen Russian nationals and three organizations were charged on Friday with crimes related to interference in U.S. politics, including attempts to influence U.S. voters in favor of then-candidate Donald Trump during the 2016 presidential election, Special Counsel Robert Mueller announced.

  • February 15, 2018

    Congress Needs To Tackle Overseas Warrant Row, Rep Says

    The U.S. Supreme Court shouldn’t have the last word on whether the federal government should be allowed to access data stored overseas by companies such as Microsoft, but instead federal lawmakers need to act to remove the legal “hodgepodge” fueling the dispute, a Republican congressman said Thursday.

  • February 15, 2018

    Ill. Trader Accused Of Embezzling $2M In Cryptocurrency

    A Chicago man was charged with the city’s first criminal prosecution involving the cryptocurrency trading industry on Thursday, as 24-year-old trader Joseph Kim was charged with fraud for allegedly misappropriating $2 million in Bitcoin and Litecoin.

  • February 15, 2018

    Man Cops To Scam To Sell Stolen Vermeer, Rembrandt Works

    A West Virginia man admitted Thursday in Massachusetts federal court that he attempted last year to sell two oil paintings on Craigslist that had been stolen from the Isabella Stewart Gardner Museum in Boston and that he did not actually possess.

  • February 15, 2018

    Ex-ICE Attorney Cops To Stealing Immigrant IDs

    A former top attorney at U.S. Immigration and Customs Enforcement's Seattle branch has pled guilty to charges he stole the identity of seven immigrants and attempted to use that information to defraud several major financial institutions, his attorney announced Thursday.

  • February 15, 2018

    6D Global Investors Say Derivative Suit Deal Is 'Worthless'

    Investors owning more than half of 6D Global Technologies Inc.’s stock have objected to a proposed settlement of derivative claims that the digital marketing company failed to stop a private equity firm’s CEO from manipulating its share price, telling a New York federal judge Wednesday that the corporate reforms spelled out in the deal are “utterly worthless.”

Expert Analysis

  • Was Heir-Tracker Antitrust Indictment A Hair Too Late?

    Robert Connolly

    A Utah federal judge who dismissed the indictment against heir-locator Kemp & Associates as time-barred was grasping at straws to avoid application of the payments theory, say former federal prosecutors Robert Connolly and Karen Sharp.

  • How Emerging Sources Of ESI Will Impact Discovery

    Charles McGee

    Late last year, the Sedona Conference released the third edition of its principles addressing electronic document production, updated to account for innovations like Snapchat and Twitter. It may be necessary for these principles to be updated more often in order to keep pace with technology, says Charles McGee III of Murphy & McGonigle LLP.

  • Put The Brakes On Acceleration Bay Litigation Funder Ruling

    David Gallagher

    Last week, the District of Delaware raised eyebrows by ruling that documents provided to a litigation funder and its counsel in connection with their due diligence are categorically not attorney work product. Acceleration Bay v. Activision Blizzard seems to be a case of bad facts making bad law, says David Gallagher, investment manager and legal counsel for Bentham IMF.

  • How Bank Secrecy Act Affects Lending To Foreign Borrowers

    Kevin Kim

    U.S. real estate has become a very attractive investment for overseas investors. For those financial services companies that lend to foreign borrowers, some simple steps added to their underwriting policies can ensure they are not violating the Bank Secrecy Act, says Kevin Kim of Geraci Law Firm.

  • The Impact Of Kokesh So Far, And What's Next: Part 2

    Carmen Lawrence

    Kokesh changed the paradigm for remedies in U.S. Securities and Exchange Commission enforcement actions, but the potential ramifications go well beyond what initially meets the eye. As we are starting to see, Kokesh's full impact will not be limited to disgorgement or the SEC, say attorneys with King & Spalding LLP.

  • Considerations For Attorneys Using Artificial Intelligence

    Ben Allgrove

    Artificial intelligence tools can empower attorneys to work more efficiently, deepen and broaden their areas of expertise, and provide increased value to clients, which in turn can improve legal transparency, dispute resolution and access to justice. But there are some common pitfalls already apparent in the legal industry, say Ben Allgrove and Yoon Chae of Baker McKenzie.

  • High Court May Consider Ending Hypothetical Jurisdiction

    William Adams

    A little-discussed petition for certiorari — Vitol v. Autoridad de Energía Eléctrica de Puerto Rico — presents the important question of whether a lower federal court may resolve a case on the merits without determining whether Congress has granted it jurisdiction to do so. This implicates weighty issues concerning separation of powers, federalism and preclusion, say William Adams and Owen Roberts of Quinn Emanuel Urquhart & Sullivan LLP.

  • The Impact Of Kokesh So Far, And What's Next: Part 1

    Dixie Johnson

    The U.S. Supreme Court's decision last year in Kokesh had immediate effects on the U.S. Securities and Exchange Commission’s ability to seek disgorgement in enforcement actions. On the other hand, defendants have had little success when seeking to amend previously awarded disgorgement amounts, say attorneys with King & Spalding LLP.

  • Series

    Judging A Book: Duncan Reviews 'Justice And Empathy'

    Judge Allyson Duncan

    In "Justice and Empathy: Toward a Constitutional Ideal," the late Yale Law School professor Robert Burt makes a compelling case for the undeniable role of the courts in protecting the vulnerable and oppressed​. But the question of how the judiciary might conform to Burt’s expectations raises practical problems​, says U.S. Circuit Judge Allyson Duncan of the Fourth Circuit. ​

  • Cos. Take Note: Singapore Plans Deferred Prosecutions

    Daniel Chia

    The government of Singapore recently announced that it may implement a deferred prosecution agreement framework, similar to those under the United States’ Foreign Corrupt Practices Act and the United Kingdom’s Bribery Act. Corporations doing business in Asia should review policies and procedures against illegal activity, say Daniel Chia and Kenneth Kong of Morgan Lewis & Bockius LLP.