White Collar

  • May 20, 2022

    5th Circ. Says SEC's Court Is Unconstitutional. Now What?

    A Fifth Circuit ruling that the U.S. Securities and Exchange Commission's in-house courts are unconstitutional has legal experts wondering whether the decision could not only upend the role of administrative law judges, but also strike at the heart of the agency's powers.

  • May 20, 2022

    Balwani Trial Goes On, Despite Juror's Positive COVID-19 Test

    A juror in the criminal fraud trial of former Theranos executive Ramesh "Sunny" Balwani tested positive for COVID-19, the California federal judge overseeing the high-profile case announced Friday morning, but the trial continued and the government rested its case by mid-afternoon.

  • May 20, 2022

    Ex-Panama Prez's Sons Get 3 Years In Odebrecht Bribery Plot

    A New York federal judge sentenced two sons of former Panamanian president Ricardo Martinelli on Friday to three years in prison for laundering $28 million in bribes paid to their father from Brazilian construction conglomerate Odebrecht SA.

  • May 20, 2022

    'Seriously, We Are Done': Judge Quits Trial, Says Atty Lied

    A California judge abruptly declared a mistrial in a sex trafficking case and recused himself after defense counsel complained that jurors may have seen the defendant's feet shackled, telling an attorney from the Federal Public Defender's Office that he is stepping down because he thinks "intentional misrepresentations" are being made.

  • May 20, 2022

    Ex-NY School Official Charged In $1.2M Food Kickback Scam

    Prosecutors have accused the former Hempstead Union Free School District food services director of conspiring with a local restaurant owner to steer lucrative public school food contracts worth $1.2 million to the restaurant in exchange for illegal kickbacks, according to an indictment unsealed in New York federal court Thursday.

  • May 20, 2022

    Jackie Robinson Group Tries To Dodge Claims Over Contracts

    The Jackie Robinson Foundation on Thursday asked a New York federal judge to toss what it called baseless claims in a tangled legal battle over the baseball legend's color barrier-breaking player contracts.

  • May 20, 2022

    Ex-BitMEX CEO Ducks Prison In Anti-Money Laundering Case

    Former BitMEX CEO Arthur Hayes avoided prison Friday after pleading guilty to flouting U.S. anti-money laundering requirements on the offshore cryptocurrency derivatives exchange, with a Manhattan federal judge rejecting the government's call to send a message to others in the industry.

  • May 20, 2022

    How A Heated 'Varsity Blues' Trial Nearly Went Off The Rails

    A lead "Varsity Blues" prosecutor grew so irritated by a judge's handling of witness testimony that he accused the court of having its "thumb on the scale" for the defense, according to trial transcripts that experts say show the perils of heated sidebar discussions.

  • May 20, 2022

    New Arbitration Planned In $5B PrivatBank Laundering Case

    Two men accused of helping launder millions of dollars stolen from PrivatBank in Ukraine said Thursday they plan to seek arbitration over the U.S. government's efforts to seize an office complex in Dallas that federal officials say they financed with the stolen money.

  • May 20, 2022

    Ex-Cop Serving EBay Stalking Term Seeks Early Release

    A retired cop sentenced to 18 months in prison for participating in an eBay security group's campaign to terrorize a Massachusetts couple over e-commerce blog posts critical of the company asked a Boston federal judge on Friday to let him serve the second half of his term in home confinement.

  • May 20, 2022

    Ex-FBI GC Says Atty's Clinton Links Would've Been Concern

    While noting that the FBI investigates tips regardless of their origin, the bureau's former top lawyer told jurors on Friday that knowing more about former Perkins Coie LLP partner Michael Sussmann's alleged work for Hillary Clinton's presidential campaign would have influenced his handling of information Sussmann offered up about Donald Trump's potential links to Russia prior to the 2016 election.

  • May 20, 2022

    Career DOJ Atty Joins Compliance Co. In Boston

    A veteran U.S. Department of Justice prosecutor has departed to join a Boston-based compliance firm, telling Law360 in an interview Friday that he'll use his two decades of government enforcement chops to help companies get ahead of potential violations.

  • May 20, 2022

    Trump Pays $110K To NY AG For Not Complying In Biz Probe

    Former President Donald Trump has paid a $110,000 fine for his failure to comply with the New York attorney general's probe into his business practices and filed affidavits ahead of a Friday deadline to keep a court's contempt order lifted.

  • May 20, 2022

    Feds Charge Biz Owners In International Stolen IPhones Plot

    Two North Carolina business owners have been hit with federal charges accusing them of selling and shipping stolen Apple iPhones and other electronic devices to domestic and international consumers.

  • May 20, 2022

    'Lottery Lawyer' Again Pleads Not Guilty In 'Shifting' Case

    The "Lottery Lawyer" accused of plundering his clients' winnings once again proclaimed his innocence in a Brooklyn federal court on Friday as he pled not guilty to a superseding indictment that his new attorney argued showed prosecutors' shifting theory in the case.

  • May 20, 2022

    DOJ 'Dropped The Ball' In 1st Wage-Fixing Case, Juror Says

    For juror number eight, the U.S. Department of Justice's first criminal prosecution of wage-fixing fell apart due to shaky evidence and weak testimony from government witnesses, including an FBI agent who said one of the defendants claimed to have been locked out of his phone when what the agent really meant was an iCloud account.

  • May 20, 2022

    ADI Lied About Breaking Export Law, Engineer On Trial Says

    A former Analog Devices Inc. engineer on trial for trade secrets theft says the semiconductor company engaged in the same alleged misconduct and then lied about it through its Quinn Emmanuel lawyer who was formerly acting U.S. attorney in Boston, an accusation the lawyer rejected Friday as "complete nonsense."

  • May 20, 2022

    SEC Fines Wells Fargo Brokerage Unit $7M For AML Lapses

    A Wells Fargo & Co. unit has agreed to pay a $7 million fine to settle U.S. Securities and Exchange Commission claims of anti-money laundering lapses stemming in part from the allegedly faulty rollout of a new version of its transaction monitoring system, the agency said Friday.

  • May 19, 2022

    Holmes' Sealed Docs Might Sway Balwani Jury, Judge Says

    A California federal judge considering whether to unseal records from the criminal fraud trial of former Theranos CEO Elizabeth Holmes related to a mental health defense she didn't pursue expressed concern Thursday that they might prejudice the current trial of her alleged co-conspirator, whom Holmes claims abused her.

  • May 19, 2022

    Insurer Asks Court To Change Ruling In Premium Theft Case

    Landmark American Insurance Co. asked a Louisiana federal judge Thursday to reconsider a decision granting partial coverage to an insurance broker whose former employee was accused of stealing customer premiums and failing to bind policies, saying the judge didn't give full weight to a conversion exclusion.

  • May 19, 2022

    SF Fire Dept. Treats 7 Opioid Overdoses Daily, Judge Told

    A San Francisco Fire Department official testified in a bellwether opioid bench trial Thursday that opioid abuse has become so prevalent in the city that emergency responders now treat an average of seven overdoses daily, whereas public overdoses were a rare occurrence in the early 2000s.

  • May 19, 2022

    Consumer Welfare A 'Catchphrase,' DOJ Antitrust Chief Says

    U.S. Department of Justice antitrust chief Jonathan Kanter delivered his sharpest critique to date of the dominant standard enforcers and courts use to assess the competitive impact of mergers and of marketplace conduct, assailing the consumer welfare standard as full of blind spots and too focused on wealth rather than "economic liberty."

  • May 19, 2022

    Platinum Investors Lose Bid To Overturn Nordlicht Ch. 7 Deal

    A New York federal judge on Thursday declined to overturn a bankruptcy court's approval of a $2.5 million settlement in the bankruptcy of defunct hedge fund Platinum Partners' founder over an alternative deal, saying the bankruptcy judge was not wrong to find the deal he chose better.

  • May 19, 2022

    DOJ Says It Won't Punish 'Good Faith' Cyber Flaw Research

    The U.S. Department of Justice on Thursday directed prosecutors to not charge researchers who report cybersecurity flaws in "good faith" with breaching the Computer Fraud and Abuse Act, a year after a key U.S. Supreme Court ruling curbed the statute's scope.

  • May 19, 2022

    Pot Co. Seeks Atty Fees In Kickback Case Against LA Suburb

    Cannabis company From The Earth is seeking nearly $60,000 in attorney fees from a Los Angeles suburb after beating back the city's year-long attempt to nix a lawsuit the company filed over a purported kickback scheme tied to the issuance of cannabis licenses.

Expert Analysis

  • New Ariz. Cyberattack Info Sharing May Be Worth The Burden

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    A recent amendment to Arizona’s data breach notification law, and similar state and federal cyber incident reporting rules, significantly burden companies that are attacked, but increased information sharing could help prevent and mitigate the damage from future data security incidents, say Christine Czuprynski and Kate Jarrett at McDonald Hopkins.

  • Overcommunicate With Your Summer Associates This Year

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    2022 summer associates have had limited opportunities for professional interactions due to the pandemic, so supervising attorneys should prioritize intentional overcommunication by emphasizing importance of tone and content of emails, sharing feedback immediately, and more, says Julie Schrager at Faegre Drinker.

  • Lessons For Gov't Contractors Amid Increased Antitrust Risk

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    A review of recently ramped-up Procurement Collusion Strike Force enforcement yields important lessons for government procurement companies, which are particularly susceptible to anti-competitive risks, on corporate antitrust awareness and robust compliance, say Rachel Guy and James McGinnis at Sheppard Mullin.

  • Nev. Case Highlights Settlement Authority Dilemmas For Cos.

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    A Nevada federal court's recent decision in Ceja v. The Vons Companies illustrates the pitfalls of misinterpreting a court order requiring a representative with full settlement authority to be present at negotiations, and is a reminder to consider that courts differ as to what full settlement authority means in practice, says Richard Mason at MasonADR.

  • Unpacking OFAC's New Russian Accounting Services Ban

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    New determinations issued by the Office of Foreign Assets Control put a broad swath of accounting, trust and corporate formation, management consulting, legal service providers, and others at heightened risk for strict liability sanctions violations for dealings with Russia, requiring affected entities to update their procedures, say Cari Stinebower and Dainia Jabaji at Winston & Strawn.

  • Pharma Products' Uncertain Path To Patient Assistance

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    In light of the government's recent concerns about contributions to patient assistance programs, pharmaceutical manufacturers may wish to align their compliance policies and procedures with those outlined in the U.S. Department of Justice's corporate integrity agreements, says Jennifer Michael at Bass Berry.

  • Can And Should A Court Limit Repeated Retrials?

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    The existing state of U.S. law on the issue of repeated retrials is neither settled nor satisfactory, and a recent federal prosecution of chicken industry executives for alleged price-fixing raises the question of whether there should be some limit on the number of retrials following hung juries, says Steven Gordon at Holland & Knight.

  • The Fastest Federal Trial Courts: A Look At Virginia, Florida

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    The Eastern District of Virginia rocket docket and the Northern District of Florida were last year’s fastest civil trial courts in the nation, and interviews with two of their judges reveal they have some of the same practices to keep litigation moving efficiently, says Robert Tata at Hunton.

  • Private Insurers Must Watch Out For Medical Equipment Fraud

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    Recent trends indicate that it is extremely rare for the government to prosecute those involved in health care fraud against private insurers, especially in cases involving durable medical equipment, so private insurers must take steps to investigate and detect fraudulent schemes, says Michael Vanunu at Rivkin Radler.

  • Tips For Evaluating Machine Learning For Contracts Review

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    Law firms considering machine learning and natural language processing to aid in contract reviews should keep several best practices in mind when procuring and deploying this nascent technology, starting with identifying their organization's needs and key requirements, says Ned Gannon at eBrevia.

  • How To Efficiently Deploy Your Professional Growth Strategy

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    Lana Manganiello at Equinox Strategy Partners discusses how time-strapped legal professionals can efficiently implement a professional growth framework by focusing on only the most effective actions to build the reputation and relationships key to their ideal practice.

  • A 6-Step Framework For Legal Industry Professional Growth

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    Lana Manganiello at Equinox Strategy Partners discusses how implementing a professional growth framework will help legal professionals gain expertise in a relevant niche to build credibility, focus marketing efforts and build an ideal practice.

  • Why Contempt May Be Apt Punishment For High Court Leaker

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    Contempt of court is an overlooked but potentially effective tool to punish whoever leaked the draft opinion overruling Roe v. Wade and protect the integrity of the U.S. Supreme Court, says Michael Zuckerman at Zuckerman Dispute Resolution.

  • Crypto Investors May Face Increasing State FCA Tax Liability

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    Cryptocurrency investors who fail to report the state tax consequences of transactions are poised to encounter increased civil or criminal legal exposure as a growing number of states bring tax fraud under the purview of their whistleblower statutes, say attorneys at Brownstein Hyatt.

  • Improving Defense Case Stories In An Age Of Misinformation

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    If defense lawyers reflect on how COVID-19 misinformation permeated public discourse, they will find courtroom lessons on telling a complete, consistent and credible story that prevents jurors from filling in the blanks themselves, says David Metz​ at IMS.

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