White Collar

  • July 28, 2020

    'Pharma Bro' Blasts FTC Monopoly Suit As Overreach

    Convicted drug industry executive Martin Shkreli has told a New York federal judge that the Federal Trade Commission went too far with an "unprecedented" suit claiming he monopolized a lifesaving drug by blocking generic rivals.

  • July 28, 2020

    6th Circ. Refuses Release In El Salvadoran's Reentry Case

    The Sixth Circuit in a precedential decision dismissed an El Salvadoran citizen's petition for writ of habeas corpus and ruled that deported noncitizens who reenter the U.S. to seek protection must be detained while their case is pending.

  • July 27, 2020

    Barr Set To Testify In Congress Amid Wave Of Controversy

    U.S. Attorney General William P. Barr is expected to come under intensive questioning from Democrats during his testimony before the House Judiciary Committee on Tuesday, as he faces scrutiny over everything from the decision to ditch the Michael Flynn case to the deployment of federal law enforcement to quell recent protests.

  • July 27, 2020

    Och-Ziff Investors Reach $136M Mine Bribery Restitution Deal

    Investors who claim their rights to a Congolese mine were stolen by the African unit of Och-Ziff Capital Management Group, now known as Sculptor Capital Management Inc., have reached a $136 million restitution deal, according to Sculptor's filings with the U.S. Securities and Exchange Commission.

  • July 27, 2020

    Student Loan Co. CEO Given 3.5 Years For Debt Relief Scam

    A California financial services executive was sentenced to three and a half years in prison on Friday for wire fraud and money laundering charges connected to a phony multimillion-dollar student loan debt relief scheme.

  • July 27, 2020

    Ex-CEO's Firms Say IRS Got Privileged Docs In Fraud Case

    Three companies related to the indicted ex-CEO of Automated Health Systems claimed Monday in Pennsylvania federal court that an IRS informant gave federal prosecutors documents protected by attorney-client privilege that were used in a tax fraud case against him, and said they want those papers back.

  • July 27, 2020

    Trip-And-Fall Injury Scammer Hit With 6 Years In Prison

    A Manhattan federal judge sentenced a Queens, New York, man to six years in prison Monday after a jury convicted him of orchestrating what prosecutors called a "horrific" scam to entice at-risk individuals to stage falls and get dangerous surgeries to profit from personal injury claims.

  • July 27, 2020

    Pot Credit Card Transactions Didn't Hurt Anyone, Rakoff Hears

    The U.S. government's fraud case against two businessmen who allegedly facilitated credit card payments for marijuana at dispensaries should be tossed because prosecutors failed to demonstrate any harm to the banks, a New York federal judge heard Monday.

  • July 27, 2020

    Trump Tells Court Tax Record Subpoena Is 'Wildly Overbroad'

    A subpoena for President Donald Trump's tax records by a grand jury impaneled by Manhattan District Attorney Cyrus Vance Jr.'s office is "wildly overbroad" and was issued in bad faith, the president's lawyers said in a new complaint Monday.

  • July 27, 2020

    Garmin Says Cyberattack Knocked Fitness Trackers Offline

    Wearable technology and GPS device giant Garmin Ltd. confirmed Monday that a cyberattack encrypted part of its systems, interrupting service for users of its fitness tracking and pilot navigation products.

  • July 27, 2020

    Mass. Judge Loses Bid To Toss ICE Obstruction Charges

    A Massachusetts state court judge will continue to face a criminal indictment accusing her of helping an immigrant evade U.S. Immigration and Customs Enforcement custody after a federal judge ruled Monday that her dismissal bid relies on facts that are "hotly contested."

  • July 27, 2020

    Canadian Crypto Trio Conned Investors Out Of $8M, Feds Say

    Federal prosecutors in Ohio have announced criminal charges against three Canadians who allegedly orchestrated an $8 million cryptocurrency scam.

  • July 27, 2020

    Ex-UCLA Soccer Coach Pleads Guilty In 'Varsity Blues' Case

    A former UCLA men's soccer coach charged as part of the sprawling "Varsity Blues" college admissions scandal admitted on Monday to collecting $200,000 in bribes from parents seeking to have their children accepted into the selective California university.

  • July 27, 2020

    US Marshals Service Beats Ex-Clerk's Disability Bias Suit

    A Michigan federal judge on Monday rejected a suit alleging the U.S. Marshals Service violated the Americans with Disabilities Act by firing a clerk whose traumatic brain injury limits her comprehension, citing "overwhelming evidence" the clerk's work wasn't up to snuff.

  • July 27, 2020

    Fidelity To Pay $22.5M To Escape TelexFree MDL

    Fidelity Bank has agreed to pay $22.5 million to resolve allegations it played a role in the massive TelexFree Ponzi scheme and will cooperate with plaintiffs still pursuing claims against other defendants, according to a settlement notice Friday.

  • July 24, 2020

    Legal Recruiter Sees Uptick In Demand For White Collar Work

    While the end of financial crisis-era litigation and the decrease in cases under the Trump administration have sapped demand for white collar lawyers, a legal recruitment firm is expecting to see law firms start hiring again in the near term.

  • July 24, 2020

    Sheldon Silver Asks High Court To Take Up Graft Case

    Former New York State Assembly Speaker Sheldon Silver has asked the U.S. Supreme Court to take up his corruption case, saying the Second Circuit's finding that an official can be guilty of bribery without an underlying agreement conflicts with the high court's precedents.

  • July 24, 2020

    6 Ex-NFL Players Charged With Health Care Benefits Fraud

    Six former NFL players were charged in Kentucky federal court Friday for their alleged roles in a fraud scheme connected to a health care benefit program for retired players in a superseding indictment that comes after some of the players and others were charged in December. 

  • July 24, 2020

    Feds' Nondisclosure Tests Premium Point Judge's Patience

    A federal judge who oversaw the trial of former Premium Point Investments CEO Anilesh Ahuja warned prosecutors on Friday that they have one last shot to set the record straight about their involvement in drafting a cooperator's guilty plea after failing to disclose that fact during and after trial.

  • July 24, 2020

    COVID-19 Vaccine Hacking May Prompt Data Security Rethink

    Warnings that cyberattackers backed by the Chinese and Russian governments are targeting COVID-19 vaccine research drive home the need for companies to think beyond their regulatory obligations to protect personal information and to ensure that their intellectual property is shielded from evolving cyber threats.

  • July 24, 2020

    3rd Circ. Denies Convicted Ex-Mayor Release Over Pandemic

    A Pennsylvania federal court was correct in declining to temporarily release Allentown's former mayor from prison amid the coronavirus pandemic, the Third Circuit has ruled, holding in a precedential decision that the court would have to substantially reduce his sentence in order to release him.

  • July 24, 2020

    Ex-PSU GC Accuses Pa. Justice Of Bias In Disciplinary Case

    Pennsylvania's chief justice has come under fire following accusations that he asked a judge to help build a disciplinary case against then-Penn State University general counsel Cynthia Baldwin in retaliation for the "minority agenda" she pursued during her tenure on the state's high court years earlier.

  • July 24, 2020

    Convicted Ariad Inside Trader Won't Have To Pay SEC

    The convicted ex-husband of a former Ariad Pharmaceuticals executive will effectively not have to pay disgorgement in the U.S. Securities and Exchange Commission's insider trading suit because a forfeiture order in parallel criminal proceedings cancels it out, a Massachusetts federal judge ruled.

  • July 24, 2020

    Cheesesteak Shop Owners Indicted In $8M Tax Dodging Case

    Two of the owners of the landmark Philadelphia cheesesteak spot Tony Luke's have been charged with carrying out an $8 million tax dodging scheme that involved false reports to government authorities and under-the-table payments to employees, federal prosecutors announced Friday.

  • July 24, 2020

    Privacy And Cybersecurity Cases To Watch In 2nd Half Of 2020

    From two cases that could define the scope of a hotly debated computer crimes law to a U.S. Supreme Court dispute set to rattle the landscape of federal robocall and text message litigation, the second half of 2020 should be busy in the world of cybersecurity and privacy law. Here are five cases worth watching.

Expert Analysis

  • Pandemic Could Bring Student Exodus From Legal Profession

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    A recent survey shows that law and prelaw students have serious concerns about the quality and value of remotely provided legal education, and rapid action from the legal community is necessary to prevent promising young people from leaving in favor of other professions, says Mehran Ebadolahi at TestMax.

  • The Challenges Of Prosecuting Congressional Insider Trading

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    Recent allegations that several U.S. senators traded on confidential COVID-19 briefings resemble traditional insider trading claims, but prosecuting violations under the Stop Trading on Congressional Knowledge Act presents at least two existential challenges due to the nature of legislative work, say attorneys at Covington.

  • How To Handle Congressional Queries On COVID-19 Relief

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    Despite their informal nature, congressional inquiries regarding CARES Act implementation should not be taken lightly as these requests may be precursors to more formal and invasive investigations, say attorneys at Baker Donelson.

  • The Privilege Implications Of Using Online Collaboration Tools

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    While few courts have addressed the attorney-client privilege or work-product doctrine in the context of online collaboration tools, existing case law supports five best practices as organizations increasingly use these tools in the COVID-19 era, say Christopher Campbell and Marcus Sandifer at DLA Piper.

  • New Cases Bring Lessons On Video Surveillance Preservation

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    Court decisions from the last few months suggest that failure to preserve or produce surveillance video does not automatically result in a negative inference or other sanction, but there are practice pointers that can be distilled, say Donna Fisher and Matthew Hamilton at Pepper Hamilton.

  • The Compliance Risks Facing Companies That Use Chat Apps

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    With expanded remote work practices, it is now more important than ever for companies to implement data retention policies that address ephemeral messaging platforms such as Snapchat and WhatsApp, as this technology may be used to facilitate unlawful conduct and spoliation of evidence, say attorneys at K&L Gates.

  • Confronting Mental Distress In The Legal Profession

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    Even before the pandemic, troubling data about mental distress among lawyers pointed to a profession in crisis, but addressing the challenge requires a better understanding of the causes, says Jonathan Prokup at Cigna Corp.

  • SK Case Illustrates DOJ Focus On Procurement Fraud

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    SK Engineering & Construction's recent guilty plea, culminating the U.S. Department of Justice's investigation of a multimillion-dollar scheme to defraud the U.S. Army, signals the DOJ's renewed focus on prosecuting government procurement fraud through its Market Integrity and Major Frauds Unit, say attorneys at Quarles & Brady.

  • Banks May Need To Update Policies To Fight COVID-19 Fraud

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    While many financial institutions are already stretched thin navigating the small business loan programs under the CARES Act, their compliance load has grown further as the Financial Crimes Enforcement Network essentially deputized banks to detect fraud schemes connected to the COVID-19 pandemic, say Jennifer Achilles and Alejo Cabranes at Reed Smith.

  • DOJ Guidance Provides Meaningful Compliance Road Map

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    The U.S. Department of Justice's recently amended corporate compliance guidance is valuable because it elucidates enhanced access to data, resource allocation, improved training, corporate benchmarking and consideration of foreign laws, say John Cunningham and Kody Sparks at Buchanan Ingersoll.

  • Opinion

    Litigation Finance Investments Are Not Risk-Free Loans

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    The Ninth Circuit's certification order last week in Fast Trak v. Sax presents an important opportunity for the New York high court to affirm the consensus among courts — litigation finance transactions are not loans subject to usury laws, say Wendie Childress and William Marra at Validity Finance.

  • 4 Stages Of Witness Preparation You've Likely Never Heard Of

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    Trial attorneys who have a tough time preparing witnesses, especially for cross-examination, should think about the four stages of competence and how they apply to people called upon to testify under oath, says Jeff Dougherty at Litigation IQ.

  • Pre-IPO Companies Should Upgrade Their D&O Coverage

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    Directors and officers of private companies — especially startups preparing for their initial public offering — should consider enhancing their D&O insurance coverage to confront the new regulatory and compliance risks they face, say attorneys at Freshfields and Burns Bowen.

  • Perspectives

    Police Reform Must Also Address Federal Law Enforcement

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    The recently introduced Justice in Policing Act is an important step against police brutality, but without express accountability for federal agents, the bill fails to address a gaping hole in the law, says Cori Alonso-Yoder at the American University Washington College of Law.

  • Opinion

    How White Privilege Helped Me Succeed In BigLaw

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    The white, male power structure has eased the path for lawyers like me for far too long, and we should now be responsible for dismantling this systemic bias within the legal industry, says Scott McLaughlin at Eversheds Sutherland.

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