White Collar

  • January 20, 2017

    Del. High Court Tosses Goldman Ex-Coder's Fee Demand

    An ex-Goldman Sachs Group Inc. vice president’s long fight for corporate officer legal fee rights flamed out again Friday with the Delaware Supreme Court's refusal to overturn an earlier rejection of claims that commercial bank VPs are due board-level benefits.

  • January 20, 2017

    Atty Cops To Posing As Securities Pro In Pump-And-Dump Plot

    A former attorney pled guilty on Friday in Connecticut federal court to a money laundering charge stemming from his time posing as securities counsel to companies at the center of pump-and-dump schemes, prosecutors announced.

  • January 20, 2017

    Trump DOJ Expected To Cut Down On Deferred Prosecution

    The combination of President Donald Trump's pro-business stance and presumptive Attorney General Jeff Sessions' views on criminal enforcement could make for a more predictable but less forgiving Justice Department that relies less on deferred charges and more on a black-and-white assessment of culpability, former government attorneys say.

  • January 20, 2017

    Bankruptcy Veteran Joins Broad And Cassel's Miami Office

    Broad and Cassel LLP has bolstered its bankruptcy practice group with the addition of a new partner who served as the liquidating trustee in the then-fifth-largest cruise line’s Chapter 11 case and litigated recovery efforts for a former University of Miami booster’s $930 million Ponzi scheme.

  • January 20, 2017

    Proxy Worker Gets Probation In Shareholder Bribe Scheme

    A former employee of a proxy advisory firm was sentenced by a Massachusetts federal judge Friday to probation for selling shareholder information in exchange for concert and sporting events tickets.

  • January 20, 2017

    Societe Generale Owes $50M For Lying About $780M In RMBS

    Paris-based bank Societe Generale will pay $50 million to settle claims that it lied to investors about $780 million in residential mortgage-backed securities, the U.S. Department of Justice said Friday.

  • January 20, 2017

    Fla. Atty Cops To Avoiding Taxes On Stock From Clients

    A Florida accountant and attorney pled guilty Friday to tax evasion for hiding hundreds of thousands of dollars' worth of income from stocks received as compensation for legal and accounting work for two medical marijuana companies.

  • January 20, 2017

    UAE Axes Warrant For Ex-BigLaw Atty Accused Of Theft

    A former BigLaw attorney at Oaktree Capital Management LP who was convicted in absentia by a United Arab Emirates court of embezzling an arbitral award is off the hook in that country after the complaint against him was dropped, the asset manager said Friday.

  • January 20, 2017

    Head Of Meningitis-Linked Pharmacy Called Regulators Inept

    The head of a compounding pharmacy whose mold-tainted drugs killed dozens of people in 2012 bragged in training videos about state regulators who didn't have a clue about the company's business, according to exhibits entered into evidence Thursday in the man's murder trial.

  • January 20, 2017

    Ex-FBI Tech Gets 2 Years For Passing Info To China

    A Manhattan federal judge on Friday hit a Chinese-born ex-FBI technician with two years in prison and a $10,000 fine for providing the Chinese government details about the FBI's internal workings, characterizing the crime as "treachery" against his former employer.

  • January 20, 2017

    Pa. Politician To Face Trial On Vote-Buying Charges

    A Pennsylvania federal judge on Friday denied a state senator’s bid to have a vote-buying indictment dismissed, paving the way for a trial to begin Monday.

  • January 20, 2017

    Philly Atty Convicted In Firm Lender Theft Loses NJ License

    The New Jersey Supreme Court on Thursday accepted the disbarment of a Philadelphia lawyer convicted of defrauding his law firm lender of hundreds of thousands of dollars and money laundering.

  • January 20, 2017

    Cheese Cos. Get 3 Years' Probation For Adulterated Product

    A Pennsylvania federal judge on Friday gave two companies that pled guilty to packaging and selling adulterated cheese 36 months of probation and ordered them to pay a total of $1 million in fines.

  • January 20, 2017

    Coin.mx Trial Date Slips After 'Disappointing' Gov't Tactic

    Prosecutors’ move to file new charges against New Jersey pastor Trevon Gross and Coin.mx operator Yuri Lebedev just over six weeks before their trial date was “disappointing” and “problematic,” a New York federal judge said Friday, but the defendants suspected of facilitating a bitcoin-fueled fraud won little relief as a result.

  • January 20, 2017

    Herbalife In SEC Hot Seat Over China Anti-Corruption Stance

    Controversial nutritional supplement maker and multilevel marketer Herbalife Ltd. on Friday disclosed that it is under investigation by the U.S. Securities and Exchange Commission in connection with its anti-corruption efforts in China.

  • January 20, 2017

    Ex-NJ Atty Seeks Probation In Referral Kickback Case

    A former New Jersey attorney facing possible prison time for strategically banking kickbacks he received through a personal injury client referral scheme in order to avoid IRS detection urged a federal judge on Thursday to reject the government’s push for a lengthier term and stick to the original plea agreement.

  • January 20, 2017

    Ex-Tesla Worker Cops To Misdemeanor In Email Hacking Suit

    A former Tesla Motors Inc. mechanical engineer on Thursday pled guilty in California federal court to a misdemeanor charge after allegedly hacking his manager’s email and subsequently posting a confidential customer complaint and false, disparaging remarks about the electric car company.

  • January 19, 2017

    Bio-Rad CEO Tells Jury He Backdated Fired Exec's Review

    Bio-Rad's CEO admitted in a California federal court Thursday that he answered a Sarbanes-Oxley complaint brought by the company's general counsel by giving the U.S. Department of Labor a backdated review of the fired lawyer.

  • January 19, 2017

    FBI Agent Says Ex-JPMorgan Analyst's Calls Led Pals To Buy

    Prosecutors accusing a former J.P. Morgan Securities LLC analyst of tipping off friends about pending acquisitions on Thursday called an FBI special agent to tell a California federal jury how the analyst's friends often bought securities just minutes after he would contact them.

  • January 19, 2017

    Las Vegas Sands Shells Out $7M To End Criminal FCPA Probe

    Las Vegas Sands Corp. agreed to pay a nearly $7 million penalty to shake an investigation into whether it violated the Foreign Corrupt Practices Act with payments to a business consultant who promoted its work in China and Macau, the U.S. Department of Justice said Thursday.

Expert Analysis

  • Considering 'Crime Of Violence' Vagueness At The High Court

    Michael Carlin

    In Lynch v. Dimaya, the U.S. Supreme Court will need to decide whether the “void for vagueness” standard in the immigration context is the same as the standard used in criminal cases. Adherence to precedent set by the court’s previous decision in Jordan v. de George would lead the court to apply the vagueness standard in this case in the same manner as in criminal cases, says Michael Carlin of the Law Office of Michael Carlin PLLC.

  • How Litigation Funding Is Bringing Champerty Back To Life

    John H. Beisner

    While some courts have declined to apply the common-law doctrine of champerty to invalidate third-party litigation funding agreements, two recent rulings by appellate courts in New York and Pennsylvania have brought renewed attention to champerty principles, casting doubts on the legality of certain forms of third-party litigation funding, say John Beisner and Jordan Schwartz of Skadden Arps Slate Meagher & Flom LLP.

  • DOJ Narrows Paths To Immunity For Antitrust Crimes

    Elizabeth Prewitt

    The U.S. Department of Justice Antitrust Division’s leniency program is unique — no other DOJ component offers similar nonprosecution protections for corporations or individuals. Therefore, new guidance released this week limiting pathways to leniency could be seen as part of the outgoing Obama administration’s desire to render this program less of an outlier, say attorneys with Hughes Hubbard & Reed LLP.

  • A Federal Crackdown On Tax Zapper Software

    Matthew Lee

    Revenue suppression or “tax zapper” programs delete some or all of a restaurant’s cash transactions and then reconcile the books of the business, lowering the firm's tax bill. States have battled zappers for years, but the case of United States v. John Yin, filed last month in the Western District of Washington, shows federal authorities are now joining the fight, says Matthew Lee of Fox Rothschild LLP.

  • Attracting And Retaining The Millennial Lawyer

    Christopher Imperiale

    Instead of trying to change the new workforce to follow a law firm's existing processes and procedures, perhaps it's time for firms to start changing their processes and procedures to better accommodate the mentality of this next generation of lawyers, says Christopher Imperiale, a law firm adviser with Berdon LLP.

  • Expect Continued Aggressive Enforcement Under Bharara

    Nicholas Lewis

    The beginning of 2017 brings with it significant changes to the government as a whole and the U.S. Department of Justice in particular, but one constant in this time of change is the U.S. Attorney’s Office for the Southern District of New York. Recent developments reflect a seal of approval for that office’s aggressive enforcement approach under Preet Bharara, says Nicholas Lewis of McGuireWoods LLP.

  • Trump's EPA: Be Careful What You Wish For

    Mitchell J. Klein

    Trying to prognosticate what President-elect Donald Trump will do is very difficult. But assuming he does seek to implement change at the U.S. Environmental Protection Agency, if it's perceived as backing off of environmental enforcement, private parties will step in and cases will likely be even more expensive, more problematic and more unreasonable than those brought by the EPA and the states, says Mitchell Klein of Snell & Wilmer LLP.

  • Health Care Enforcement Review And 2017 Outlook: Part 4

     Brian P. Dunphy

    In this final installment of our review and outlook series, we analyze health care enforcement trends gathered from 2016 civil settlements and criminal resolutions of health care fraud and abuse cases. Behind the headlines covering enormous recoveries in 2016, several themes are apparent, say attorneys at Mintz Levin Cohn Ferris Glovsky and Popeo PC.

  • It’s Time To Change The Law Firm Business Model

    Lucia Chiocchio

    Every year, statistics reveal very little change in the number of women and minorities in the ranks of partnership. So how do law firms change this painfully slow rate of progress? It takes more than adding a diversity policy or a women’s leadership program to the current law firm business model, says Lucia Chiocchio, co-chair of Cuddy & Feder LLP's telecommunications and land use, zoning & development groups.

  • The Implications Of Insureds' Illegal Conduct

    Deepa T. Sutherland

    Laws against bribery and corruption, like the U.S. Foreign Corrupt Practices Act and U.K. Bribery Act, are growing increasingly tough, often applying in surprisingly broad circumstances. The laws' principles continue to be tested in court, but for now, insurers writing risks in foreign jurisdictions should adopt a proactive stance in vetting the practices of their local subsidiaries and insureds, say Deepa Sutherland and Hernán Cip... (continued)