White Collar

  • November 08, 2019

    Ex-Alstom Exec Found Guilty On 11 Counts In Bribery Trial

    A jury found former Alstom SA executive Lawrence Hoskins guilty of a scheme to bribe Indonesian officials on Friday, convicting on all but one count in the long-awaited Foreign Corrupt Practices Act trial.

  • November 08, 2019

    Wells Fargo To Pay $14.5M In CFTC Swap Standards Action

    Wells Fargo Bank NA must pay nearly $14.5 million to resolve claims that it violated several swap dealer business conduct standards in its foreign exchange swaps, the U.S. Commodity Futures Trading Commission announced Friday.

  • November 08, 2019

    Texas Judge Charged With 7 Counts Of Wire Fraud

    A Texas district court judge told a federal court on Friday that she was not guilty of using roughly $25,000 in campaign funds for personal expenses, making her initial appearance after being indicted on seven counts of wire fraud.

  • November 08, 2019

    Family Of Insider Trading Fugitive Must Forfeit $9M Bond

    A Massachusetts federal judge on Thursday imposed a $9 million bond on the family of a venture capital executive who fled to India to escape an insider trading charge despite a plea from his wife who said the seven-figure forfeiture would leave her and her three children homeless.

  • November 08, 2019

    UK Litigation Roundup: Here's What You Missed In London

    The past week has seen Maersk's Hong Kong unit sue AXA, Allianz and other insurers over cargo claims, the resurfacing of commercial fraud claims filed against a defunct sports rights agency and Allianz Global Investors drag RSA Insurance into court over a financial markets dispute. Here, Law360 looks at those and other new claims in the U.K.

  • November 07, 2019

    Dershowitz Fights Defamation Suit With Claims Of His Own

    Alan Dershowitz on Thursday denied the allegations of a woman who says he defamed her by calling her a liar after she accused him of sexually molesting her as a child, and the former Harvard law professor has fired back by saying his accuser is the one who broke the law.

  • November 07, 2019

    DOJ Points To Records Stone Told Congress He Never Had

    Federal prosecutors doubled down Thursday on their characterization of Roger Stone as a liar, pointing to a stream of emails and text messages between the former Trump adviser, top campaign aides and associates of Stone about his anticipation of the release of more hacked emails ahead of the 2016 presidential election to damage Hillary Clinton's candidacy.

  • November 07, 2019

    Ex-Uber Exec Asks Gov't To Clarify Claims In Google Dispute

    Former Uber executive Anthony Levandowski on Wednesday requested clarification on prosecutors' claims he stole self-driving car trade secrets from Google, arguing the government hasn't provided enough detail "to identify the precise trade secrets" he purportedly stole.

  • November 07, 2019

    Texas Wrong Venue For Navy SEAL's Fee Suit, Calif. Atty Says

    A California attorney asked a Texas federal court to toss a malpractice suit accusing him of jacking up his defense fees for a Navy SEAL acquitted of murder, arguing that the court doesn’t have the authority to rule on the claims.

  • November 07, 2019

    Trump Ordered To Pay $2M For Breaching Foundation Duties

    President Donald Trump was ordered Thursday by a New York state court to pay $2 million in damages for breaching his duties to his charity and allowing it to become a tool of his presidential campaign.

  • November 07, 2019

    Ex-SDNY Prosecutors Launch NYC White Collar Boutique

    Two former prosecutors who met 17 years ago as assistant U.S. attorneys in the Southern District of New York have launched a boutique firm that will handle litigation, investigations and other white collar and regulatory matters, the pair told Law360 on Thursday.

  • November 07, 2019

    NJ Atty Suspended Indefinitely For No-Showing At Trial

    The New Jersey Supreme Court on Thursday suspended an attorney for "an indeterminate period of time" for dropping out of a criminal case on the eve of trial without informing her client, rejecting a disciplinary panel's recommendation to limit the suspension to three months.

  • November 07, 2019

    Convicted Ex-Willkie Atty In 'Varsity Blues' Scam Suspended

    Former Willkie Farr & Gallagher LLP co-chair Gordon R. Caplan's legal license was temporarily suspended Thursday by a New York state appellate court after he pled guilty to charges related to the "Varsity Blues" college admissions scandal.

  • November 07, 2019

    Giuliani's New Lawyer Will 'Clear Some Debris'

    Rudy Giuliani's new lawyer says he'll help "clear some … debris" so his client can focus on offering legal representation to President Donald Trump as the impeachment inquiry wears on.

  • November 07, 2019

    3rd Circ. Won't Revisit Conviction In Judicial Conspiracy Case

    A former judicial secretary for a disgraced former Pennsylvania Supreme Court justice can't get another chance to appeal her own conviction for directing state employees to conduct campaign-related activity, the Third Circuit has ruled, refusing to excuse a procedural misstep she blamed on her attorney.

  • November 07, 2019

    Nuclear Exec Left Paper Trail Of Bribery Scheme, Feds Say

    The former president of a nuclear logistics company accused of fraudulently securing transportation contracts from a Russian uranium supplier discussed bribes in emails with a Russian official and wired him cash, expert witnesses for the government testified Thursday.

  • November 07, 2019

    High-Speed Trader's $67M Spoofing Payment Largest To Date

    Proprietary trading firm Tower Research Capital agreed to pay $67 million in civil and criminal penalties over what prosecutors say were thousands of spoofed commodities orders by former traders, in what was billed as the largest spoofing settlement to date.

  • November 07, 2019

    2nd Circ. Skeptical That US Law Didn't Reach FIFA Officials

    Judges from the Second Circuit on Thursday were skeptical of arguments that prosecutors overreached in prosecuting two South American soccer officials for fraudulently awarding broadcast and media rights for international soccer tournaments, questioning why the fact that bribes were paid using U.S. wire services is not enough to pull them into the reach of U.S. criminal law.

  • November 07, 2019

    Fyre Fest Attendees Can't Rekindle Claims Against Organizers

    Allowing ticket holders for the doomed Fyre Festival to continue to litigate their $100 million fraud claims against festival organizers Ja Rule and Grant Margolin would be a waste of time, a New York federal judge ruled Thursday.

  • November 07, 2019

    Dems Drop Subpoena For Key Trump Impeachment Witness

    With their impeachment probe against President Donald Trump gaining steam, three Democrat-led House committees engaged in the inquiry abruptly withdrew a subpoena for testimony from a former White House deputy national security adviser who they had said was a key witness.

  • November 07, 2019

    Feds Say Security Co. Sold US Vulnerable Chinese Gear

    New York federal prosecutors on Thursday charged security technology company Aventura Technologies and its senior management with defrauding the U.S. government and private customers by selling them Chinese-made equipment with known cybersecurity vulnerabilities and passing it off as American-made.

  • November 07, 2019

    Feds Drop Case Against Ex-SAC Exec Ahead Of Trial

    Manhattan federal prosecutors have dropped insider trading charges against a former portfolio manager at SAC Capital who was headed to trial after getting his 2013 guilty plea vacated for falling short of the legal bar set out in the Second Circuit's Newman decision.

  • November 07, 2019

    Mozambique's $2B Bond Fraud Suit To Face Jurisdiction Fight

    A shipbuilder told a judge in London on Thursday that it will challenge the court's authority to hear a lawsuit launched by Mozambique over a controversial bond connected to a purported $2 billion fraud scheme, proposing that Swiss arbitration should take precedence. 

  • November 06, 2019

    Ex-Alstom Exec's Fate Hinges On 'Agency' In Bribery Trial

    At the end of former Alstom SA executive Lawrence Hoskins' bribery trial Wednesday, prosecutors and the defense offered competing views of whether he was an "agent" of the company's U.S. subsidiary during an alleged plot to bribe Indonesian officials.

  • November 06, 2019

    Giuliani Taps Pierce Bainbridge, Ex-Cohen Atty To 'Assist' Him

    President Donald Trump's personal attorney Rudy Giuliani has hired a pair of Pierce Bainbridge partners and a lawyer who previously represented ex-Trump attorney Michael Cohen as questions swirl around the role Giuliani played in White House interactions with Ukraine at the center of the impeachment inquiry.

Expert Analysis

  • Early Sampling Of Electronic Info Is Underutilized In Discovery

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    The early and prompt provision of samples from all electronically stored information sources as a part of ESI protocol search methodology is consistent with the Federal Rules of Civil Procedure and may allow for significant cost savings during discovery, says Zachary Caplan at Berger Montague.

  • The Factors Courts Consider In Deposition Location Disputes

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    In the absence of a federal rule governing deposition location, federal courts are frequently called on to resolve objections to out-of-state deposition notices. Recent decisions reveal what information is crucial to courts in making the determination, says Kevin O’Brien at Porter Wright.

  • What To Consider Before Filing For A Rule 57 Speedy Hearing

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    Federal Rule of Civil Procedure 57 and its state counterparts provide a method for expediting claims for declaratory judgment that warrants closer attention than it has historically received from litigants and courts, say attorneys at Gibson Dunn.

  • Series

    Why I Became A Lawyer: Expanding The Meaning Of Diversity

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    My conservative, Catholic parents never skipped a beat when accepting that I was gay, and encouraged me to follow my dreams wherever they might lead. But I did not expect they would lead to the law, until I met an inspiring college professor, says James Holmes of Clyde & Co.

  • The Rise Of Criminal Enforcement For Trade Secret Theft

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    Following the recent federal indictment of a former Uber executive on allegations of trade secret theft — the latest sign that the government is increasingly pursuing criminal prosecution for these crimes — companies should consider the risks and complications of both civil litigation and criminal prosecution when seeking to protect their own trade secrets, says Mindy Morton of Procopio Cory.

  • How The Wayback Machine Can Strengthen Your Case

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    The Wayback Machine, which archives screenshots of websites at particular points in time, can be an invaluable tool in litigation, but attorneys need to follow a few simple steps early in the discovery process to increase the odds of being able to use materials obtained from the archive, says Timothy Freeman of Tanenbaum Keale.

  • The Changes Helping IRS Whistleblower Program Grow Up

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    Although it is too soon to say how recent legislative changes designed to address long-standing problems at the Internal Revenue Service Whistleblower Program will pan out, its prospects are already much improved, say Michael Ronickher and Carolina Gonzalez at Constantine Cannon.

  • Opinion

    Draft Civil Procedure Jurisdictional Rule Needs A Tweak

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    The Judicial Conference Advisory Committee’s proposed addition to Federal Rule of Civil Procedure 7.1 needs to be amended slightly to prevent late-stage jurisdictional confusion in cases where the parties do not have attributed citizenship, says GianCarlo Canaparo at The Heritage Foundation.

  • If High Court Hears Gun Case, It Could Gut Agency Deference

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    The recently filed U.S. Supreme Court case Guedes v. Bureau of Alcohol, Tobacco, Firearms and Explosives could turn out to be one of this coming term’s blockbuster cases because the question it raises — whether courts should defer to the government’s interpretation of a criminal statute — applies to every federal agency's enforcement authority, says Andrew McBride of McGuireWoods.

  • 3 Compliance Considerations After New DOJ Antitrust Policy

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    For the first time under the U.S. Department of Justice’s antitrust criminal enforcement policy, a company that adopts an effective compliance program may completely avoid criminal liability. In light of this, companies are well advised to reevaluate their antitrust compliance programs, say Marc Siegel and Peter Julian of Jones Day.

  • New Best Practices Under E-Discovery Spoliation Rule

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    The amended Federal Rule of Civil Procedure 37(e) provides explicit criteria for imposing sanctions when electronically stored information has been lost during discovery, but courts are still not consistently applying the new rule, with some simply ignoring it in favor of inherent authority, say Matthew Hamilton and Donna Fisher at Pepper Hamilton.

  • How Law Firms Can Create Content Decision Makers Will Read

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    According to our recent survey, the one simple attribute that attracts both in-house counsel and C-suite executives to content is utility, but it’s also clear that both groups define utility differently and prefer different content types, says John Corey of Greentarget.

  • 10th Circ.'s Securities Fraud Reading May Be Too Broad

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    While the Tenth Circuit's decision in Malouf v. U.S. Securities and Exchange Commission was the first circuit court to apply the U.S. Supreme Court's Lorenzo opinion in addressing whether failure to correct another’s material misstatements can trigger securities fraud liability, differences between the two cases make it hard to argue Malouf broadened the universe of Rule 10b-5 misconduct, say attorneys at Skadden.

  • 2nd Circ.'s Seminal Rejection Of FCPA Conviction Challenge

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    With United States v. Seng, the Second Circuit became the first federal appellate court to reject a challenge — per the Supreme Court's decision in McDonnell v. United States — to a Foreign Corrupt Practices Act conviction, sending an important message to companies attempting to comply with the expansive anti-bribery provisions of the FCPA, say attorneys at Nixon Peabody.

  • Walmart Settlement's Lessons For Avoiding FCPA Prosecution

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    The conduct that led to Walmart's recent settlement with federal authorities resolving alleged Foreign Corrupt Practices Act violations is worth recounting because it highlights what not to do in the corporate compliance context, say Ariel Neuman and Naomi Solomon at Bird Marella.

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