White Collar

  • May 26, 2020

    7th Circ. Won't Slash Developer's Sentence For Bank Fraud

    A Seventh Circuit panel said Tuesday that a Chicago real estate developer can't use time he spent in jail in Saudi Arabia to mitigate his seven-year sentence for his role in a $22.9 million bank fraud.

  • May 26, 2020

    Accused PPE Fraudsters Deny NY Price-Gouging Charges

    A pair of accused COVID-19 fraudsters on Tuesday denied price-gouging charges stemming from a purported scheme to resell 1 million personal protective masks at a 50% hike.

  • May 26, 2020

    Michael Flynn Sees An Unlikely Ally In Ruth Bader Ginsburg

    As the showdown between Michael Flynn and a D.C. federal judge heats up, the president's former national security adviser has invoked the words of an unlikely source — U.S. Supreme Court Justice Ruth Bader Ginsburg — to support the retired general's bid to escape prosecution.

  • May 26, 2020

    Trump Appointee Steps Down From East Texas US Atty Post

    One of the top federal prosecutors in the Lone Star State, who was tapped for the post by President Donald Trump, is stepping down after little more than two years on the job, the U.S. Attorney's Office for the Eastern District of Texas said Tuesday.

  • May 26, 2020

    NCAA Hoops Trio Say Bridgegate Shows Gov't Overreached

    Three men convicted of defrauding certain colleges by making illicit payments to basketball recruits in violation of NCAA rules told the Second Circuit on Friday that the U.S. Supreme Court's recent decision to toss convictions from the Bridgegate scandal shows that they should not have been convicted of fraud. 

  • May 26, 2020

    IRS Stays In House To Fill Counsel Post For New Fraud Unit

    The Internal Revenue Service has chosen an in-house attorney from its offshore compliance initiative to advise its newly formed fraud enforcement office, the agency said Tuesday. 

  • May 26, 2020

    Man Charged With Conning NYC In $45M Face Mask Scheme

    A New Jersey used car salesman has been arrested and charged with running a $45 million scheme at the height of the fight against COVID-19, attempting to sell price-gouged N95 face masks to New York City, an order he had no way of fulfilling, prosecutors said Tuesday in New York federal court.

  • May 26, 2020

    Shkreli, Vyera Look To Duck Monopolization Claims

    Martin Shkreli and a company that the incarcerated former pharmaceutical executive founded have urged a New York federal court to toss allegations from state and federal enforcers that they monopolized the market for a drug used to treat potentially fatal parasitic infections.

  • May 26, 2020

    CFTC Seeks Win Against Currency Trader Accused Of Fraud

    The U.S. Commodity Futures Trading Commission has asked a Colorado federal judge to declare a default judgment in its suit against a trader who allegedly defrauded would-be investors out of nearly a half-million dollars.

  • May 26, 2020

    High Court Won't Block Remedy For Deadly Prison Outbreak

    The U.S. Supreme Court on Tuesday refused to block a court order that forces an Ohio federal prison dealing with a deadly COVID-19 outbreak to streamline the transfer of vulnerable inmates, taking issue with the "procedural posture" of the government's request.

  • May 26, 2020

    Georgetown Dad Pleads Guilty To Bribing Tennis Coach

    The sprawling "Varsity Blues" college admissions and testing scandal has snagged its 55th defendant, with a Pennsylvania parent pleading guilty on Tuesday to bribing Georgetown University's head tennis coach for a spot for his daughter at the elite school.

  • May 26, 2020

    Volkswagen Loses Landmark 'Dieselgate' Case In Germany

    Germany's highest civil court has ruled that Volkswagen must reimburse a car-owner for the cost of a vehicle fitted with emissions-cheating software, in a landmark case that will pave the way for tens of thousands of similar lawsuits.

  • May 22, 2020

    Law360 Reveals Titans Of The Plaintiffs Bar

    They've represented consumers, companies, and government entities, taken on Goliaths in industries ranging from aerospace to health care to finance to technology to sports, and won landmark victories on behalf of clients across the country.

  • May 24, 2020

    Judge Taps Kavanaugh's Atty To Fight Flynn's Dismissal Bid

    A D.C. federal judge overseeing Michael Flynn's prosecution has hired a high-powered trial attorney to defend his decision to examine the government's request to toss the case, a person familiar with the hiring told Law360 Sunday. 

  • May 22, 2020

    Former ASGN Chief Executive Cops To 'Varsity Blues' Charges

    The former CEO of professional services company ASGN Inc. on Friday agreed to plead guilty in the sprawling "Varsity Blues" college admissions scandal, the same day actress Lori Loughlin and her husband, clothing designer Mossimo Giannulli, formally pled guilty after a year of maintaining their innocence.

  • May 22, 2020

    Law Firms Urged To Move Past Standard Data Breach Scripts

    Law firms should tell clients if their sensitive data has been exposed even if it's unclear whether the law requires them to do so, a new report from a coalition of legal industry stakeholders says.

  • May 22, 2020

    Ex-Bumble Bee CEO Set For June In-Person Sentencing

    A California federal judge outlined new coronavirus-related courtroom protocols on Friday for when he holds an in-person sentencing for Bumble Bee's former CEO next month, saying plexiglass barriers are going up in the courtroom, the hearing will be limited to 10 attendees and all must take elevators individually and wear masks.

  • May 22, 2020

    Feds Rip Ex-Apple Atty's 'Hail Mary' Bid To Nix Criminal Case

    Federal prosecutors on Friday tore into a dismissal bid lodged by a former senior Apple attorney indicted for insider trading, saying the lawyer's argument that the criminal case against him is unconstitutional is the legal equivalent of "a Hail Mary pass."

  • May 22, 2020

    Hollywood Executive Charged With $28M BlackRock Fraud

    Hollywood distribution executive William Sadleir was accused Friday of spiriting some $28 million out of his distribution company — cheating funder BlackRock, which had poured in $75 million — and separately misusing a $1.7 million coronavirus relief payment.

  • May 22, 2020

    Watergate Prosecutors Rip Flynn's Bid To Nix Case At DC Circ.

    Sixteen prosecutors who served on the Watergate Special Prosecution Force slammed former national security adviser Michael Flynn's request that the D.C. Circuit immediately decide whether the government can drop charges against him, saying it's "difficult to imagine a case more ill-suited than this for the 'drastic and extraordinary' remedy."

  • May 22, 2020

    Ex-GE Workers Accused Of Forgery In Angola Energy Deals

    Former General Electric employees are accused of forging and Photoshopping documents related to energy contracts in Angola and undermining a local business partner's $1.1 billion government contracts as part of a cover-up, according to a complaint filed in New York federal court.

  • May 22, 2020

    Calif. Financial Adviser Charged In Alleged $10M Ponzi Scam

    Federal prosecutors have charged and arrested a California-based financial planner and adviser for wire fraud tied to an alleged Ponzi scheme they say he used to dupe 75 victims, mainly senior citizens, into forking over $10 million to invest in securities that didn't exist.

  • May 22, 2020

    Man Charged In Mortgage Fraud Scheme Targeting Elderly

    A California man was charged with organized fraud after impersonating a mortgage fraud investigator and requesting thousands of dollars from senior citizens, the Florida attorney general’s office said Friday.

  • May 22, 2020

    Loan Fraudster Can't Get Out Of Prison Due To Pandemic

    A New Jersey federal judge on Friday refused to release an ex-president of a staffing agency from prison due to the coronavirus pandemic as he serves time for defrauding a lender out of more than $400,000, saying he didn't follow the requisite administrative process through the Bureau of Prisons.

  • May 22, 2020

    UK Litigation Roundup: Here's What You Missed In London

    The past week in London has seen a Puerto Rican lender sue Venezuela's state-run oil company months after inking a settlement over suspicious payments, a Dutch tulip grower take Maersk into court over a cargo shipment and Wilmington Trust face down commercial fraud claims. Here, Law360 looks at those and other new claims in the U.K.

Expert Analysis

  • Justices' SEC Disgorgement Ruling May Shape FCPA Matters

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    The U.S. Supreme Court’s upcoming opinion in Liu v. U.S. Securities and Exchange Commission may call into question when Foreign Corrupt Practices Act settlements should be subject to disgorgement, say Matthew Rutter and Neal Hochberg at Charles River Associates.

  • What OFAC Means By A Risk-Based Approach To Compliance

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    Even though the Office of Foreign Assets Control has acknowledged COVID-19 challenges, the agency still expects companies to take a risk-based approach to sanctions compliance by routinely updating programs that reflect their individual business models, customer bases and geographic operations, say Mario Mancuso and Abigail Cotterill at Kirkland & Ellis.

  • Opinion

    Credibility Concerns About Virtual Arbitration Are Unfounded

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    Concerns that videoconferenced arbitration hearings compromise an arbitrator's ability to reliably resolve credibility contests are based on mistaken perceptions of how many cases actually turn on credibility, what credibility means in the legal world, and how arbitrators make credibility determinations, says Wayne Brazil at JAMS.

  • Treat Internal Investigation Search Term List As Work Product

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    Lawyers investigating allegations of a company's internal misconduct typically hand over their search term lists to outside auditors and government enforcers, but this puts clients' privilege arguments at risk, say Markus Funk and Chelsea Curfman at Perkins Coie.

  • Human Rights Are Becoming A Compliance Issue

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    A recent commitment from the European Union's commissioner for justice to introduce rules for mandatory corporate human rights due diligence next year may signal the arrival of this issue as a global business imperative, making it as fundamental as anti-corruption diligence, say attorneys at Paul Hastings.

  • How CFTC's Agricultural Enforcement May Evolve Amid Crisis

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    The U.S. Commodity Futures Trading Commission recently singled out agricultural commodities market manipulation as an area of focus, potentially representing a return to the agency’s core mission that could shape enforcement during the current crisis, say attorneys at Latham.

  • Opinion

    Flynn Contempt Inquiry Is Vital To Judicial Independence

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    The D.C. Circuit should uphold the district court's authority to investigate whether Michael Flynn acted in criminal contempt, which is important for affirming judicial independence in this era of partisan prosecuting, says Harold Krent at Chicago-Kent College of Law.

  • Federal Program Bribery Law May Reach PPP Loan Recipients

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    Public and private entities receiving funds under the Paycheck Protection Program, and others engaged in business transactions with them, should be aware of potential criminal liability under the federal program theft and bribery statute — as the U.S. Supreme Court ruled in 2000 regarding Medicare, say attorneys at Winston & Strawn.

  • A Lawyer's Guide To Client Service Continuity Planning

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    Ensuring uninterrupted client service and compliance with ethical obligations in a time when attorneys are more likely to fall ill means taking six basic — yet often ignored — steps to build some redundancy and internal communication into legal practice, say attorneys at Axinn.

  • A New Approach To OFAC's Rejected-Transactions Reporting

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    Alexandre Lamy at Baker McKenzie proposes a common-sense framework for nonfinance companies, which in 2019 became subject to the Office of Foreign Assets Control's rejected-transaction reporting requirements, but have received little guidance about how to comply.

  • FIRREA: A Powerful Enforcement Tool To Combat PPP Fraud

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    As the Paycheck Protection Program provides federal coronavirus relief funding through a variety of financial institutions, the U.S. Department of Justice will certainly look closely at the Financial Institutions Reform, Recovery and Enforcement Act — with its lengthy limitations period and statutory penalties — when contemplating enforcement measures, says Peter Hyun at Wiley.

  • Virtual Meetings Could Be Fertile Ground For Legal Discovery

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    Many remote meeting technologies include recording features as default settings, raising three primary concerns from a legal discovery and data retention perspective, and possibly bringing unintended consequences for companies in future litigation, says Courtney Murphy at Clark Hill.

  • Bridgegate Has The Potential To Upend A Raft Of Prosecutions

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    The U.S. Supreme Court's recent "Bridgegate" decision will undoubtedly create further hurdles for the government to prosecute schemes that are venal, deceitful and underhanded but in which the loss of money or property — while foreseeable — was not the objective, say Daniel Fetterman and Brian Choi at Kasowitz.

  • Opinion

    9 Ways To Improve The Paycheck Protection Program

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    The CARES Act's well-intentioned Paycheck Protection Program has problems, and Congress should take steps to better protect small businesses and define several terms that continue to cause confusion, says Samantha Block, a judicial clerk at the U.S. Court of Federal Claims.

  • Opinion

    Flynn Judge Should Not Change Role Of Amicus Curiae

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    As an appellate attorney who has authored numerous amicus briefs, I am deeply concerned about some fast-moving developments in the case of former Trump national security adviser Michael Flynn, where a D.C. federal judge is transforming amici curiae into 11th-hour prosecutorial intermeddlers, says Lawrence Ebner at Capital Appellate.

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