White Collar

  • August 04, 2020

    Weed Fraudster's Plea Bars His Challenge Of 8-Year Sentence

    The Tenth Circuit declined on Tuesday to hear the appeal of a convicted fraudster in a marijuana-related stock scheme who alleged that he signed a plea agreement due to an ineffective attorney, with the court saying that the agreement waived the right to an appeal. 

  • August 04, 2020

    Rising Stars: Steptoe & Johnson's Shawn Davisson

    Shawn Davisson of Steptoe & Johnson LLP has represented a longtime BP executive in a probe of his handling of the Deepwater Horizon oil spill and Volkswagen AG in connection with its diesel emissions controversy, earning a spot among the white collar law practitioners under age 40 honored as Law360 Rising Stars.

  • August 04, 2020

    Platinum's Huberfeld Sees 2.5-Year Prison Sentence Vacated

    The Second Circuit on Tuesday erased a federal judge's move to sentence Platinum Partners co-founder Murray Huberfeld to 2½ years for bribing a union, holding that the former hedge fund high-flyer only admitted to a fraud count and should have been sentenced in that context.

  • August 04, 2020

    Mass. Courts Plan To Ease Into Jury Trials As Backlog Grows

    Massachusetts state courts are getting creative but remaining cautious as they look to resume live jury proceedings while the coronavirus pandemic remains a major public safety threat, unveiling a multiphase plan Tuesday that could start with a mock trial this month and may include some unusual venues.

  • August 04, 2020

    Brazil Ex-Consultant Fined For Paying Bribes To Petrobras

    A Brooklyn federal judge hit a former Keppel Offshore and Marine Ltd. and TechnipFMC consultant from Brazil with a $50,000 fine Tuesday after he admitted helping the two companies pay $55 million of bribes to win contracts from Brazilian energy giant Petrobras.

  • August 03, 2020

    Glencore Escapes Stock-Drop Suit Over FCPA Probe

    A New Jersey federal judge ruled Friday that a securities suit connected to announced investigations into mining giant Glencore PLC's overseas dealings didn't belong in her court.

  • August 03, 2020

    NY Atty Can't Rehash SEC Registration Fight, Judge Rules

    A New York district court judge shut down an attorney's attempts to prove his private real estate platform doesn't have to register with the U.S. Securities and Exchange Commission, noting in a dismissal on Monday that he can't rehash a fight he already lost to the SEC in a previous lawsuit.

  • August 03, 2020

    McGuireWoods Nabs Senior SDNY White Collar Prosecutor

    One of the Southern District of New York's top prosecutors made the jump to the private sector Monday, becoming McGuireWoods LLP's newest government investigations and white collar litigation partner out of its Charlotte, North Carolina, office, the firm announced.

  • August 03, 2020

    GM Says Fiat Chrysler Paid Moles To Infiltrate Its Top Ranks

    General Motors accused Fiat Chrysler on Monday of stashing millions in foreign bank accounts to funnel bribes to senior auto workers union officials and planting moles within GM to corrupt the collective bargaining process, saying new evidence justifies reviving its racketeering lawsuit against Fiat Chrysler.

  • August 03, 2020

    Ex-Theranos CEO Wants Too Much Info, Prosecutors Say

    Prosecutors are urging a California federal judge to deny the bulk of former Theranos CEO Elizabeth Holmes' request for information about the grand jury that indicted her, saying she should only get the master list from which the names were picked, not the individual jurors who were selected.

  • August 03, 2020

    Int'l Trade, White Collar Pros Move To Michelman & Robinson

    Two former attorneys of a boutique law firm who have experience defending companies in U.S. investigations involving economic sanctions joined Michelman & Robinson LLP's international trade and white collar practices in New York City as partners last month.

  • August 03, 2020

    Ex-Construction Boss Eyed For Bribes To Cop To Tax Count

    A former Turner Construction manager told a Manhattan federal judge Monday he will plead guilty, after prosecutors charged him with stiffing the IRS on $1.8 million of bribes he got in exchange for providing project work to subcontractors at Bloomberg offices.

  • August 03, 2020

    Vance Says Trump Probe Broader Than Hush Money

    The Manhattan district attorney's subpoena for President Donald Trump's tax records is part of a broader probe into the Trump Organization that includes reports about inflated net worth and sales of Trump properties, prosecutors told a federal court Monday.

  • August 03, 2020

    Rising Star: Quinn Emanuel's Gabriel Soledad

    Gabriel Soledad of Quinn Emanuel Urquhart & Sullivan LLP has successfully defended the governing body of South American soccer in a sprawling bribery case and beaten back a $2.3 billion failed merger suit by pharmaceutical giant Teva, earning him a spot among the white collar law practitioners under age 40 honored by Law360 as Rising Stars.

  • July 31, 2020

    Claims Against Law Firm Trimmed In $80M Fraud Scheme

    A Texas federal judge on Friday trimmed allegations that law firm Scheef & Stone was integral in Christopher Faulkner's alleged $80 million securities fraud scheme and gave the purported scheme's receiver who brought the suit leave to amend the complaint.

  • July 31, 2020

    Stanford Scholar Alleged To Be Chinese Agent Wins Bail

    A California federal magistrate judge declined the federal government's request to deny bail to a Stanford University scholar accused of being a Chinese secret agent while acknowledging during a Friday video hearing that she found it "highly suspicious" that the defendant's daughter returned to China without the court's knowledge.

  • July 31, 2020

    Valeant Pharma Settles SEC Accounting Probe For $45M

    Bausch Health agreed to pay the U.S. Securities and Exchange Commission $45 million to settle allegations of accounting fraud dating back to when the company was known as Valeant Pharmaceuticals, while three former executives agreed to fines.

  • July 31, 2020

    11th Circ. Won't Grant Menendez-Linked Doc New Fraud Trial

    A panel of Eleventh Circuit judges on Friday affirmed a 17-year prison sentence for a Florida ophthalmologist found guilty of Medicare fraud, finding that the court was right to allow prosecutors to show jurors a chart comparing him to his alleged peers and to deny him a new trial.

  • July 31, 2020

    5-Year Sentence For Ex-OU Footballer OK, 10th Circ. Rules

    A Tenth Circuit panel ruled Friday that a five-year prison sentence handed down to a former University of Oklahoma football player for defrauding investors out of $875,000 was in the upper end of sentencing guidelines and didn't depart from the recommended range.

  • July 31, 2020

    Ghislaine Maxwell's Ability To Name Names Curbed By Judge

    The Manhattan federal judge handling the scheduled 2021 criminal trial of Ghislaine Maxwell on charges of luring minors for sex with financier Jeffrey Epstein held Friday that the jailed British socialite may not publicly name people associated with Epstein's misconduct except in limited circumstances.

  • July 31, 2020

    COVID-19 Puts Ex-Traders' Trial Rights 'In Conflict,' Feds Say

    Two ex-Deutsche Bank traders charged with spoofing may have to choose which constitutional trial rights to assert amid the COVID-19 pandemic, a U.S. Department of Justice prosecutor told a federal court on Thursday: the right to a speedy jury trial or the right to confront witnesses in person.

  • July 31, 2020

    Fla., UK Teens Helped Stage Bitcoin Twitter Hack, Feds Say

    A 17-year-old Florida resident and two others have been charged with carrying out a major mid-July cyberattack that resulted in identical messages about a cryptocurrency scam being posted from the accounts of some of Twitter's most high-profile users, including Barack Obama, Joe Biden, Apple, Bill Gates, Elon Musk, Uber and Kanye West, prosecutors announced Friday.

  • July 31, 2020

    FCC's Prison Call Cost Cut Underscores Need For Legislation

    The Federal Communications Commission is planning to launch a years-in-the-making rulemaking on Thursday that would rein in the rates prisons and jails may charge for out-of-state calls, but advocates say congressional intervention is also necessary to address high in-state rates.

  • July 31, 2020

    Health Hires: McDermott, Goodwin, Gordon Rees

    McDermott nabbed a regulatory counsel and litigator from Arent Fox to join its FDA practice, Goodwin hired a former Wilson Sonsini partner who focuses on patent prosecution, and Gordon & Rees added a former counsel at Reed Smith, headlining Law360's latest roundup of personnel moves in the health care and life sciences arena.

  • July 31, 2020

    Rising Star: Dechert's Timothy Bowden

    Dechert's Timothy Bowden successfully defended Barclays' former CEO and was part of the team that handled bribery allegations at Airbus, securing the company an unprecedented international settlement and making him one of Law360's Rising Stars in white collar defense.

Expert Analysis

  • Alleged ICO Fraud Highlights Compliance Considerations

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    Parallel U.S. Department of Justice and U.S. Securities and Exchange Commission fraud charges connected with NAC Foundation's digital currency offering draw attention to the use of undercover agents in financial crime investigations, the risk of retaining questionable service providers, and heightened securities law scrutiny in the space, says Casey O'Neill at Fenwick.

  • Future Fraud Defendants Can Overcome 2nd Circ. FIFA Ruling

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    Although the recent Second Circuit decision in U.S. v. Napout — upholding fraud convictions of FIFA officials — expansively applied U.S. law to attenuated foreign conduct, it leaves room for future courts to reach a different outcome in similar cases, say Ashwin Ram and Brittany Prelogar at Steptoe & Johnson.

  • Opinion

    Let's Create An Ethical Obligation For Attys To Fight Racism

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    In this moment of national recognition of historical institutional racism, the American Bar Association must implement a model rule that explicitly declares efforts to fight racism and advance equality to be a matter of attorneys' ethics and professional conduct, say Marc Firestone at Philip Morris International and David Douglass at Sheppard Mullin.

  • US-China Relationship Holds Lessons For US-India Trade

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    Although the rapport between India and the U.S. has improved amid the coronavirus pandemic, the U.S.-China relationship should teach companies that increased closeness in trade comes with increased risk of U.S. investigation and enforcement, says Vasu Muthyala at Kobre & Kim.

  • 5 Misconceptions About The Foreign Agents Registration Act

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    Attorneys at Arnold & Porter untangle five commonly misunderstood aspects of the Foreign Agents Registration Act, a notoriously convoluted and once-obscure statute that has roared into the headlines amid the high-profile prosecutions of Paul Manafort and Michael Flynn, and an enforcement push by the U.S. Department of Justice.

  • Mask-Wearing Prosecution Witnesses May Face Roadblocks

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    When in-person criminal jury trials resume, witnesses wearing masks as protection against the coronavirus will almost certainly lead to a new line of cases weighing public health against a defendant's Sixth Amendment right to confront prosecution witnesses, says Scott Grubman at Chilivis Grubman.

  • 6 Considerations When Shopping For Legal Tech Software

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    When evaluating the vast range of legal technology options available today, law firms will want to make sure that firm intellectual property and client data stored in the software are encrypted, isolated, protected through backups and in compliance with the ever-growing list of data regulations, say Eric Tucker and Dorna Moini at Documate.

  • Berman Ouster May Not Be The End Of SDNY Drama This Year

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    While the dust appears to have settled after the surreal departure of U.S. Attorney Geoffrey Berman from the Southern District of New York last month, the interim tenure of Acting U.S. Attorney Audrey Strauss bears close watch in this fraught moment leading up to the presidential election, say Danya Perry and Samidh Guha at Perry Guha.

  • 3 Lessons From Updated FCPA Resource Guide

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    The U.S. Department of Justice and U.S. Securities and Exchange Commission's recently released Foreign Corrupt Practices Act guide offers important lessons on recent enforcement policies and interpretations, solicitude toward acquiring companies, and noteworthy trends in enforcement activity, say Andrew Weissmann and Christine Braamskamp at Jenner & Block.

  • Law Firm Strategies For Publicizing Laterals Amid Lockdowns

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    With business development dinners and social events no longer viable for new lateral hires, law firms need a refreshed game plan — one that fully exploits the digital landscape, say Andrew Longstreth and Jesse Dungan at Infinite Global and Michael Coston at Coston Consulting.

  • Are Your Slack Communications Primed For E-Discovery?

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    With the increasing use of channel-based platforms such as Slack, Messenger and Teams in the work-from-home era, companies should assume they may be compelled to produce channel-based data in litigation and take proactive steps to protect sensitive information, say Jessica Brown and Collin James Vierra at Gibson Dunn.

  • Tips For Presenting A Credible Witness By Videoconference

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    With the likelihood that more and more jury trials will be held by videoconferencing in the near future, establishing four best practices now for effective, credible video trial testimony will ensure attorneys are ready when it's time for the oath, camera and action, say Christopher Green and Sara Fish at Fish & Richardson.

  • 6 Dispute Prevention Steps As Lawsuits Rise Amid Pandemic

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    With the inundation of lawsuits resulting from the pandemic, now is an opportune time for companies and their advisers to implement prevention measures explicitly designed to break the dispute cycle early and to de-escalate possible legal actions as they form, says arbitrator and mediator Janice Sperow.

  • Blaszczak Ruling's Broad View Of Property May Trouble Press

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    The Second Circuit’s U.S. v. Blaszczak decision that alerting analysts of pending changes to Medicare reimbursement rates constitutes theft of government property, broadly construed, leaves journalists and their sources susceptible to charges at the discretion of prosecutors, say Eugene Ingoglia and Rebecca Delfiner at Allen & Overy.

  • Opinion

    Time To Consider Percentage Rental Agreements For Lawyers

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    It has long been the law that attorneys cannot use percentage rental agreements because doing so would constitute an impermissible sharing of fees with nonlawyers, but such arrangements can help lawyers match expenses with revenues in lean times like now, say Peter Jarvis and Trisha Thompson at Holland & Knight.

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