White Collar

  • July 22, 2020

    Cohen Jailed For Antagonism, Not Trump Book, Feds Say

    Federal prosecutors said that Donald Trump's former lawyer Michael Cohen lost his chance at early release from prison after he was antagonistic with probation officers and refused to sign a home confinement agreement, denying Wednesday that it had anything to do with his apparent plans to publish a book about the president.

  • July 22, 2020

    Texas AG Won't Face Blame In Ex-Clients' Securities Row

    Texas Attorney General Ken Paxton can't be named a responsible third party in a securities fraud lawsuit against a company he formerly represented as an attorney and two individuals associated with it, a Texas appellate court has ruled.  

  • July 22, 2020

    Avenatti Sentencing Moved To Fall As COVID-19 Levels Rise

    A Manhattan federal judge on Tuesday agreed to delay until fall the sentencing of Michael Avenatti following his conviction for extorting Nike Inc., after the embattled celebrity lawyer raised logistical concerns about traveling from COVID-19 hot spots amid the pandemic.

  • July 23, 2020

    CORRECTED: National Fuel Charged With Pa. Water Pollution

    A unit of oil and gas exploration company National Fuel Gas Co. and one of its subcontractors were hit with criminal charges alleging the companies polluted local waters while installing natural gas transmission lines, Pennsylvania's top prosecutor announced Wednesday.

  • July 22, 2020

    Indicted Chicken Co. Exec., DOJ Clash Over Int'l Safari Trip

    An executive of one of the country's largest chicken producers, who's awaiting trial on criminal price-fixing charges, balked at federal prosecutors' bid in Colorado federal court to block his travel to Tanzania for a planned safari hunt and rebuked the prosecutors' assertion that he may possibly flee and trigger a complicated extradition process.

  • July 22, 2020

    DLA Piper, Fox Rothschild Sued Over Alleged Ponzi Ties

    Investors in a Florida real estate company, which the SEC accused of operating as a $170 million Ponzi scheme, have filed suit against a DLA Piper attorney, his firm and his previous firm, Fox Rothschild LLP, over his role in preparing the company's offering documents.

  • July 22, 2020

    Ex-Theranos CEO Seeks Grand Jury Records, Citing COVID-19

    Former Theranos CEO Elizabeth Holmes asked a California federal judge Tuesday for access to records regarding the selection of grand jurors who recently returned a fresh criminal indictment against her, saying she has "serious concerns" that changes in grand jury procedures caused by the pandemic have impacted her constitutional rights.

  • July 22, 2020

    Crypto Exchange, Execs Pay $1.7M In Wash Trading Scandal

    Three top executives with Canadian cryptocurrency exchange Coinsquare, including its chief compliance officer, have resigned as part of a nearly CA$2.3 million ($1.7 million) settlement agreement with Ontario securities regulators tied to a market manipulation scandal that included illegal retaliation against an internal whistleblower.

  • July 22, 2020

    Ex-Teamster Boss Who Called Bribes 'Pizza' Gets 18 Months

    A former Teamsters vice president who got $55,000 in bribes from a health plan manager in exchange for union business, and who was fired after getting caught referring to payments as "pizza," was sentenced to 18 months in prison by a Manhattan federal judge Wednesday.

  • July 22, 2020

    Corruption Case Fuels Push To Undo Ohio Coal, Nuke Bailout

    Ohio lawmakers on Wednesday said they will introduce legislation to repeal a controversial $1 billion coal and nuclear power plant bailout that's central to an alleged $60 million bribery scheme that brought racketeering charges down on the speaker of the state House of Representatives.

  • July 22, 2020

    'Melrose Place' Actress' Fatal Crash Sentence To Be Reworked

    A New Jersey state appeals court for the third time ordered a new sentencing for former "Melrose Place" actress Amy Locane in her fatal drunken driving case, reasoning Wednesday that the latest judge to hand down a prison term took a rogue approach.

  • July 22, 2020

    Freshfields Adds More US Firepower With DOJ Antitrust Atty

    Freshfields Bruckhaus Deringer LLP is expanding its presence in Washington with the addition of a trial lawyer from the U.S. Department of Justice's Antitrust Division, the firm announced Wednesday.

  • July 22, 2020

    Tax Schemer's 94-Month Term Needs Revision, 11th Circ. Says

    The Eleventh Circuit on Wednesday vacated the 94-month sentence of a woman convicted of a tax refund fraud scheme, saying the lower court wrongly calculated the sentence and the government should present new evidence about the vulnerability of the victims.

  • July 21, 2020

    Ex-FIFA Boss Denied Release Despite Contracting COVID-19

    A New York federal judge on Tuesday rejected a request by the former president of the South American soccer confederation, Juan Angel Napout, to be released from a Miami federal prison despite testing positive for COVID-19 over the weekend.

  • July 21, 2020

    Maxwell Wants Feds And Boies Silenced In Sex Abuse Case

    British socialite Ghislaine Maxwell, who pled not guilty last week to charges of luring minors for sex with Jeffrey Epstein, asked a New York federal judge Tuesday to stop prosecutors and lawyers for witnesses, including David Boies, from talking to the press about her case.

  • July 21, 2020

    4 Toledo City Council Members, Atty Indicted In Bribery Case

    Four members of the Toledo City Council and an attorney were hit with a 13-count indictment on Tuesday charging them in Ohio federal court with orchestrating an alleged bribery and extortion scheme that included shaking down local businesses for cash or other valuable items in exchange for favorable votes on council items.

  • July 21, 2020

    Workers Say Fiat Bribed UAW Officials To Quash Grievances

    A group of unionized workers at a Chrysler plant in Ohio have accused Fiat Chrysler of bribing senior auto workers' union officials to corrupt the collective bargaining process in order to suppress wages and derail workers' grievances, according to a new lawsuit filed in Ohio federal court.

  • July 21, 2020

    NY Courts Urge Federal Judge To Stay Out Of Reopening Plan

    New York's state court administrators told a Manhattan federal court Tuesday not to interfere with the state's recent return to in-person criminal proceedings in New York City and pushed back on public defenders' claims that the move denies vulnerable defendants access to the justice system.

  • July 21, 2020

    Ohio House Speaker Charged In $60M Energy Corruption Case

    The speaker of the Ohio House of Representatives was released on bail Tuesday after his arrest on allegations he and others took $60 million in corrupt payments from a utility in exchange for passing a $1 billion nuclear energy bailout.

  • July 21, 2020

    11th Circ. Lifts Block On Firms' Fee Claim In Fraud Case

    The Eleventh Circuit has found that a settlement provision blocking third parties from suing a settling party is valid only if the settlement hinges on the inclusion of the provision, ruling that law firms Leon Cosgrove and Mitchell Silberberg can pursue payment from an insurer that settled a coverage dispute with their former client embroiled in a fraud suit.

  • July 21, 2020

    Police OK To Use Tower Data To Track Suspect, Judge Says

    North Carolina police did not violate the privacy of a suspected bank robber when they used a mass collection of cell tower information to determine his location during two jewelry store robberies in 2018, a North Carolina federal judge ruled Monday.

  • July 21, 2020

    Feds Say Silicon Valley CEO Scammed Investors Out Of $17M

    A Silicon Valley-based CEO is facing criminal charges in California federal court that he fraudulently raised $17 million for his artificial intelligence tech startup by lying about its technology, grossly exaggerating its finances and falsely claiming he had secured big-name clients like Coca-Cola and Kraft.

  • July 21, 2020

    Feds Say Stanford Visiting Scholar Is Secret Chinese Agent

    The U.S. has charged a Stanford University researcher with visa fraud, alleging the 38-year-old Chinese national concealed her active duty military status in her visa application as part of what appears to be an orchestrated program by the Chinese government, according to the U.S. Department of Justice.

  • July 21, 2020

    ComEd Bribery Case Joins Long History Of Illinois Corruption

    Illinois House Speaker Michael Madigan is at the center of a major public corruption scandal in which Commonwealth Edison Co. has agreed to pay a $200 million fine after admitting it arranged jobs and benefits for allies of the powerful lawmaker in exchange for his support of changing utility regulations.

  • July 21, 2020

    Reporting A Cross-Border Cartel? Check The Guidance

    Competition enforcers around the globe are increasingly adopting U.S.-inspired programs that encourage participants in illegal cartels to turn themselves in, along with their partners in corporate crime, in return for leniency.

Expert Analysis

  • Law Firms Must Beware Risks In Nontraditional Financing

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    Law firms in today's financial crisis may be looking at nontraditional arrangements such as portfolio funding or factoring to provide liquidity and cash support, but firms must first consider lawsuits brought against Pierce Bainbridge and other recent developments, says Katherine Toomey at Lewis Baach.

  • Caremark Precedent Should Inform Boards' COVID-19 Duties

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    Directors of Delaware corporation boards should consider the responsibilities established in Caremark as a framework for getting sufficiently involved in COVID-19 decision-making, both to help their corporations navigate this difficult period and to defend against potential duty to monitor claims, say attorneys at Boies Schiller.

  • Opinion

    Minn. Ruling Represents Sensible Stance On Legal Finance

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    The Minnesota Supreme Court's Maslowski v. Prospect Funding Partners decision this week reaffirms that the doctrine of champerty is archaic, impedes important litigation finance activity, and should be abolished in the handful of states where it remains alive, says Andrew Cohen at Burford Capital.

  • Beware Fraud And Abuse Pitfalls In Precision Medicine

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    With government enforcement action involving genetic laboratories increasing sharply, health systems and labs involved in precision medicine initiatives should carefully review their arrangements to avoid running afoul of fraud and abuse laws, say Carolyn Metnick and Stacey Callaghan at McDermott.

  • 'Bridgegate' Further Cabins Public Corruption Prosecutions

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    Last month's "Bridgegate" decision represents the latest remarkable chapter in a 20-year U.S. Supreme Court arc drastically narrowing prosecutors' ability to use previously flexible fraud statutes as tools to curtail putative public corruption by government officials, say Jason Halperin and David Drew at Mintz.

  • Best Practices For A Paperless Law Practice

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    A significant challenge in practicing law remotely is the use and handling of documents without paper, because common digital tools such as email or even secure file transfer applications are problematic, say attorneys at Baker McKenzie.

  • Key Insights From DOJ Revised Corporate Compliance Guide

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    Prosecutors and forward-looking companies should carefully attend to new U.S. Department of Justice guidance issued Monday, which brings changes to such core compliance areas as the value of data, the evolution of compliance programs, and foreign legal considerations, say Alejandra Montenegro Almonte and Ann Sultan at Miller & Chevalier.

  • 5 Ways A Special IG Can Combat Crisis Relief Fraud

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    As companies and their counsel prepare for enforcement by the newly confirmed special inspector general for pandemic recovery responsible for overseeing CARES Act funds, Christy Goldsmith Romero, special inspector general for the Troubled Asset Relief Program, shares how her office has investigated fraud, waste and abuse of federal relief funds following the 2008 financial crisis.

  • Opinion

    Lawyers Must Address Racial Injustice With Radical Candor

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    The legal industry is uniquely positioned, and indeed obligated, to respond to the racial disparities made clear by the recent killings of George Floyd and Breonna Taylor, but lawyers must be willing to be uncomfortable, says Tiffani Lee at Holland & Knight.

  • Studying The Post-Pandemic Juror By Generation

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    A close look at the life experiences unique to baby boomers, Generation X, millennials and others can offer valuable insight into how the pandemic could shape jurors' opinions in very different ways depending on their birth cohort, say trial consultants at JuryScope.

  • NY Buyers Should Beware Tainted Claims After Ch. 11 Ruling

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    A New York bankruptcy judge's recent opinion in Firestone Diamond represents a comprehensive treatment of the Bankruptcy Code Section 502(d) disallowance taint and decisively rejects, for the first time in the Southern District of New York, the long-standing and widely criticized Enron holding, say attorneys at Cadwalader.

  • How Lawyers Can Network Better, Virtually And In Person

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    The current decrease in formality and increase in common ground due to the work-from-home environment can make it easier to have a networking conversation, says Megan Burke Roudebush at Keepwith.

  • What Court Split On Sex Trafficking Means For Hotels, Victims

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    A recent split between Pennsylvania and Georgia federal courts over whether a plaintiff suing a hotel for benefiting from a venture that it should have known engaged in sex trafficking must plausibly allege the hotel violated the federal criminal trafficking law has important implications for both sex trafficking survivors and the hospitality industry, says David Bouchard at Finch McCranie.

  • Opinion

    How Rules Of Evidence Lead To Convictions Of The Innocent

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    Every trial lawyer knows that Amy Cooper's compelling 911 call from Central Park, although hearsay, could be played to a jury at trial to bolster witness trial testimony, highlighting the fact that the Federal Rules of Evidence contain numerous pathways for prosecutors to introduce all types of evidence that would otherwise be excludable, says attorney John Lauro.

  • Practical Tips For Presenting Your Case To Litigation Funders

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    One mistake that attorneys commonly make when presenting a case to a third-party funder is focusing almost exclusively on liability and giving short shrift to the damages analysis — resulting in an aspirational damages estimate that falls apart under scrutiny, say Cindy Ahn and Justin Maleson at Longford Capital and Casey Grabenstein at Saul Ewing.

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