White Collar

  • September 11, 2024

    EU Court Upholds Sanctions On Russian Clearinghouse

    Russia's securities clearinghouse has lost its appeal challenging sanctions imposed by the European Union in response to the invasion of Ukraine, after a Luxembourg court ruled Wednesday that the decisions were backed up by evidence.

  • September 11, 2024

    Star Witness In Bankman-Fried Trial Seeks No Prison Time

    Former FTX insider Caroline Ellison urged a Manhattan federal judge not to sentence her to prison for her part in the crypto exchange's massive fraud scheme, citing her remorse and the "devastating" trial testimony she gave against onetime romantic partner and company founder Sam Bankman-Fried.

  • September 11, 2024

    NC Car Parts Biz Racks Up $10M In Fines For Cheat Devices

    A North Carolina automotive components business will pay a $2.4 million criminal penalty on top of a $7 million civil fine for dealing devices used to skirt federal vehicle emissions controls, the U.S. Department of Justice announced.

  • September 11, 2024

    Federal Pot Ban Out Of Step With The Times, 1st Circ. Told

    A group of cannabis businesses told the First Circuit the federal government no longer has a reasonable basis for prohibiting state-regulated marijuana, saying Congress has clearly changed its tune on pot commerce in the more than half-century since the ban was passed.

  • September 11, 2024

    Freelancer Loses Unfair Dismissal Case Against Al Jazeera

    An employment tribunal has ruled that Al Jazeera did not push a Zimbabwean journalist to quit when he had finished working on an investigative series about gold-smuggling because he was not an employee at the time.

  • September 11, 2024

    Oligarchs Fridman, Aven Fail To Ax Sanctions Reporting Rules

    European Union measures that require oligarchs including Mikhail Fridman and Petr Aven to disclose their assets and cooperate in investigations are lawful and "necessary" for maintaining the bloc's sanctions regime, a European court ruled Wednesday, saying the rules were "unprecedented."

  • September 11, 2024

    Mich. State Resisted Releasing Larry Nassar Docs, AG Says

    Michigan State University unnecessarily withheld thousands of documents during an investigation into the school's handling of the Larry Nassar sexual abuse scandal, and when the documents were eventually provided, they did not offer any newly revealing information, the state's attorney general said in closing the probe Wednesday.

  • September 11, 2024

    Norton Rose Adds Litigator, Crisis Manager From Blank Rome

    A former Blank Rome litigator whose eclectic resume includes crisis management and working as an agent for professional athletes has jumped to the New York office of Norton Rose Fulbright as a partner.

  • September 11, 2024

    TV Property Developer Appears In Court On Fraud Charges

    A television property developer appeared at a London criminal court on Wednesday to face charges for the first time that he defrauded a U.S. rental company out of £2 million ($2.6 million).

  • September 11, 2024

    Oil Biz Sues Ex-Chief Exec For Allegedly Embezzling €144M

    A Singapore-based petroleum company has accused its former chief executive and "de facto" chief financial officer of embezzling €143.8 million ($158.8 million) to pay for the acquisition of North Sea oil assets, according to a legal claim filed in London.

  • September 10, 2024

    SEC Files New Insider Case Tied To Stolen Covington Info

    The U.S. Securities and Exchange Commission on Tuesday brought a new insider trading case tied to the theft of confidential merger information from a Covington & Burling LLP lawyer, suing the cousin of a former FBI trainee who was sentenced to prison for filching the Merck & Co. deal info at the heart of the case and then tipping off others.

  • September 10, 2024

    Colo. DA Faces Disbarment After Probe Of Murder Case Judge

    A split Colorado disciplinary board on Tuesday ordered the disbarment of an elected local prosecutor who directed an investigation into the background of a judge who had sanctioned her office for discovery violations, ruling that the investigation and other ethical violations warranted taking away her law license.

  • September 10, 2024

    Atlanta Consultant Didn't Deal With Cyber Hackers, Suit Says

    An Atlanta-based insurance industry consulting firm failed to negotiate with hackers and didn't pay a ransom to protect user data after its network was compromised, despite promises to keep customer information safe, according to a proposed class action filed Tuesday.

  • September 10, 2024

    Senate Confirms SDNY, Maryland Court Picks

    The U.S. Senate on Tuesday signed off on two new federal judges with BigLaw experience, confirming a federal prosecutor to the Southern District of New York and a current magistrate judge to the District of Maryland.

  • September 10, 2024

    Ex-McElroy Deutsch CFO's Ch. 11 Case Nixed As 'Bad Faith'

    McElroy Deutsch Mulvaney & Carpenter LLP convinced a New Jersey bankruptcy judge to throw out the Chapter 11 filing of its former chief financial officer, who is behind bars for stealing over $1 million from the firm, with the judge finding Tuesday that the petition was brought in "bad faith" to stall related state litigation. 

  • September 10, 2024

    TPG, Rosatom Seek To Bar Jailed Oligarch's $14B Fraud Claim

    Russia's state atomic energy corporation and private equity firm TPG Group on Tuesday urged a London judge to block an imprisoned oligarch's $14 billion fraud conspiracy claim over the alleged seizure of his port and transport businesses led by the Russian state.

  • September 10, 2024

    Will Tom Girardi's Age Impact His Sentence?

    Disbarred attorney Tom Girardi's age and mental decline did not help him avoid conviction last month on charges that he stole millions in client funds, but it's an open question how much these factors will affect his sentencing, set for December.

  • September 10, 2024

    John Deere Will Pay SEC $10M To End Thai Bribes Probe

    Deere & Co. has agreed to pay nearly $10 million to end an investigation by the U.S. Securities and Exchange Commission into bribes paid by executives at a Thai subsidiary that netted the heavy equipment maker millions in contracts with the Thai government and at least one private company.

  • September 10, 2024

    UK Watchdogs Link Up To Tackle Cybersecurity Enforcement

    The U.K.'s data protection watchdog said Tuesday that it has signed a new cooperation agreement with the country's top criminal investigator to help tackle cybercrime in the U.K.

  • September 10, 2024

    Keurig To Pay SEC $1.5M Over K-Cup Recyclability Claims

    The U.S. Securities and Exchange Commission on Tuesday ordered Keurig Dr. Pepper to pay a $1.5 million penalty and refrain from filing inaccurate information in its annual reports to settle allegations that it inaccurately claimed that its K-Cup coffee and tea pods were effectively recyclable.

  • September 10, 2024

    Meet The Lawyers Tapped To Defend In Glencore Bribery Case

    Six former Glencore employees, including the commodity giant's billionaire former head of oil, who have been charged with bribery by the Serious Fraud Office, have tapped an all-star list of the U.K.'s most experienced trial solicitors and barristers with a track record of prevailing against the white-collar agency.

  • September 10, 2024

    Philips Balks At Dentons' Request To Exit IP Case

    Dutch health technology conglomerate Philips Medical Systems Nederland BV is balking at Dentons US LLP's request to withdraw as counsel for Transtate Equipment Co. Inc. in a wide-ranging copyright and unfair competition case, insinuating that the move is a stalling tactic to avoid a final judgment.

  • September 10, 2024

    EU Nations OK To Seize Profits From Brokering Russia Trade

    European Union countries are permitted to confiscate the proceeds of a brokering transaction that are covered by the EU's sanctions against Russia even if the goods never enter the bloc, the EU's highest court said Tuesday.

  • September 10, 2024

    FCA Charges 1st Individual With Running Illegal Crypto-ATMs

    The Financial Conduct Authority said Tuesday that it has launched its first criminal prosecution of an individual suspected of running a network of illegal cryptocurrency ATMs.

  • September 10, 2024

    Investors Sue Broker For Assisting $129M Forex Fraud

    A group of investors who lost tens of millions of dollars in a fraudulent foreign exchange scheme have sued a London broker for approximately $43 million for allegedly providing credit for the company to trade through brokerage accounts which perpetuated the fraud.

Expert Analysis

  • Bankruptcy Trustees Need More FinCEN Guidance

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    Recent FinCEN consent orders in two North Carolina bankruptcy cases show that additional guidance is necessary for most types of fiduciaries overseeing bankruptcy estates or other insolvency vehicles, say Brian Shaw and David Doyle at Cozen O’Connor.

  • Jarkesy Ruling May Redefine Jury Role In Patent Fraud

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    Regardless of whether the U.S. Supreme Court’s Jarkesy ruling implicates the direction of inequitable conduct, which requires showing that the patentee made material statements or omissions to the U.S. Patent and Trademark Office, the decision has created opportunities for defendants to argue more substantively for jury trials than ever before, say attorneys at Cadwalader.

  • 3 Leadership Practices For A More Supportive Firm Culture

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    Traditional leadership styles frequently amplify the inherent pressures of legal work, but a few simple, time-neutral strategies can strengthen the skills and confidence of employees and foster a more collaborative culture, while supporting individual growth and contribution to organizational goals, says Benjamin Grimes at BKG Leadership.

  • The OIG Report: DOJ's Own Whistleblower Program Has Holes

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    A recent Office of the Inspector General memo found that the U.S. Department of Justice’s whistleblower program failed to protect federal employees whose security clearances were allegedly suspended in retaliation — a serious cause for concern that could have a potential chilling effect on would-be whistleblowers, says Diana Shaw at Wiley.

  • Attorneys Can Benefit From Reverse-Engineering Their Cases

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    Trial advocacy programs often teach lawyers to loosely track the progression of a lawsuit during preparation — case analysis, then direct examination, then cross-examination, openings and closings — but reverse-engineering cases by working backward from opening and closing statements can streamline the process and also improve case strategy, says Reuben Guttman at Guttman Buschner.

  • E-Discovery Quarterly: Rulings On Hyperlinked Documents

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    Recent rulings show that counsel should engage in early discussions with clients regarding the potential of hyperlinked documents in electronically stored information, which will allow for more deliberate negotiation of any agreements regarding the scope of discovery, say attorneys at Sidley.

  • Enron Law Is Still Threat To Execs After Justices' Jan. 6 Ruling

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    While the U.S. Supreme Court’s recent Fischer v. U.S. decision is a setback for prosecutors’ obstruction charges against Jan. 6 defendants, it also represents a strong endorsement of the post-Enron Sarbanes-Oxley Act’s original purpose, serving as a corporate compliance reminder for executives, say Michael Peregrine and Ashley Hoff at McDermott.

  • Loper Bright Limits Federal Agencies' Ability To Alter Course

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    The U.S. Supreme Court's recent decision to dismantle Chevron deference also effectively overrules its 2005 decision in National Cable & Telecommunications Association v. Brand X, greatly diminishing agencies' ability to change regulatory course from one administration to the next, says Steven Gordon at Holland & Knight.

  • What Cos. Should Note In DOJ's New Whistleblower Pilot

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    After the U.S. Department of Justice unveiled a new whistleblower pilot program last week — continuing its efforts to incentivize individual reporting of misconduct — companies should review the eligibility criteria, update their compliance programs and consider the risks and benefits of making their own self-disclosures, say attorneys at Skadden.

  • Series

    After Chevron: New Lines Of Attack For FCA Defense Bar

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    Loper Bright has given defense counsel new avenues to overcome the False Claims Act elements of falsity and scienter, as any FCA claim based upon ambiguous statutory terms can no longer stand solely on agency regulations to establish the statute's meaning, which is itself necessary to satisfy the FCA's basic requirements, says Elisha Kobre at Bradley Arant.

  • Autonomy Execs' Acquittal Highlights Good Faith Instruction

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    The recent acquittal of two former Autonomy executives demonstrates that a good faith jury instruction can be the cornerstone of an effective defense strategy in white collar criminal cases, in part because the concept of good faith is a human experience every juror can relate to, says Sara Kropf at Kropf Moseley.

  • Series

    Teaching Scuba Diving Makes Me A Better Lawyer

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    As a master scuba instructor, I’ve learned how to prepare for the unexpected, overcome fears and practice patience, and each of these skills – among the many others I’ve developed – has profoundly enhanced my work as a lawyer, says Ron Raether at Troutman Pepper.

  • 3 Ways To Lower Insider Trading Risk After First 10b5-1 Case

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    In light of the U.S. Department of Justice's insider trading prosecution against the former CEO of Ontrack based on alleged abuse of a Rule 10b5-1 safe harbor plan — designed to allow executives to sell their companies' securities without liability — companies and individuals should take steps to avoid enacting similar plans in bad faith, say attorneys at Jenner & Block.

  • Lawyers Can Take Action To Honor The Voting Rights Act

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    As the Voting Rights Act reaches its 59th anniversary Tuesday, it must urgently be reinforced against recent efforts to dismantle voter protections, and lawyers can pitch in immediately by volunteering and taking on pro bono work to directly help safeguard the right to vote, says Anna Chu at We The Action.

  • New Russia Sanctions Law: Bank Compliance Insights

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    Financial institutions must familiarize themselves with the new reporting obligations imposed by the Rebuilding Economic Prosperity and Opportunity for Ukrainians Act, a recent law that authorizes seizures of Russian sovereign assets under U.S. jurisdiction, say attorneys at Seward & Kissel.

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