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White Collar
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April 25, 2024
AI-Created Rant Tied To Principal Leads To Ex-Staffer's Arrest
Baltimore County police on Thursday arrested a former high school athletic director who is accused of using artificial intelligence to generate a racist and antisemitic audio recording falsely attributed to the school's principal, allegedly in retaliation for an investigation into the potential mishandling of school funds.
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April 25, 2024
Ex-Philly Union Leader's 3rd Trial Ends In Deadlock
A Pennsylvania federal jury on Thursday night was unable to reach a verdict in the government's case alleging former Philadelphia labor leader John Dougherty threatened a Live! Casino construction contractor with "financial ruin" if he didn't pay his electrician nephew for work he didn't perform, marking a mistrial for the previously twice-convicted union figurehead and his relative.
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April 25, 2024
Incarceration Can't Get Default Nixed In $92M Award Suit
A California federal court has refused to set aside an entry of default against a Russian businessman accused of engaging in a scheme to avoid paying a more than $92 million arbitral award, rejecting his defense that he couldn't respond because he was incarcerated in France.
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April 25, 2024
Real Estate Exec Can't Escape Shareholder's Self-Dealing Suit
A California federal judge ruled that a derivative shareholder suit accusing the president of a real estate management and investment firm of misusing nearly $35 million of company revenue now passes the so-called Zuckerberg test since the plaintiff sufficiently pled that demand on the company's board members would be futile.
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April 25, 2024
Calif. AG Charges A Top LA Prosecutor Over Cop File Access
California Attorney General Rob Bonta has unveiled criminal charges accusing a top Los Angeles County District Attorney's Office prosecutor and adviser to DA George Gascón of illegally accessing nearly a dozen confidential sheriff's deputy files in 2021.
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April 25, 2024
Ex-Tabloid CEO Says Trump Was Furious When Affair News Hit
Former American Media Inc. CEO and National Enquirer publisher David Pecker told a New York jury on Thursday that he paid off Playboy model Karen McDougal to keep her from going public about an affair with Donald Trump, who became enraged when news of the affair surfaced just days before the 2016 election.
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April 25, 2024
Feds Say COVID Fraud Case Against Ex-Pol Clears Early Bar
Federal prosecutors said Thursday that a former Massachusetts politician should save for trial his arguments seeking to dismiss claims that he lied to rake in COVID-19 relief funds and tried to avoid reporting income to the Internal Revenue Service.
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April 25, 2024
3 Accused Of $36M COVID Test Fraud Scheme In Fla. Case
Three owners of laboratories spanning the U.S. were indicted by a grand jury in Florida on federal charges that they conspired to defraud the U.S. government by more than $36 million in a scheme that involved submitting false COVID-19 testing claims to healthcare benefit programs.
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April 25, 2024
DOJ Still Owes Victims After $139M Nassar Settlement
The federal government's $139 million settlement for victims of convicted sexual abuser Larry Nassar goes a long way toward holding the FBI responsible for its egregious mishandling of the victims' allegations, but gives no assurance that such complaints in the future will be handled properly, legal experts say.
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April 25, 2024
Tenn. Hacker Pleads Guilty In DraftKings Accounts Breach
A Memphis, Tennessee, man, on Thursday became the second defendant to plead guilty in Manhattan federal court to scheming to hack accounts on the DraftKings sports betting site.
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April 25, 2024
Dems Press DEA To Move Quickly On Rescheduling Marijuana
A coalition of Democratic U.S. senators and House members are urging the U.S. Department of Justice to complete swiftly its review of marijuana's legal status and remove the drug from Schedule I of the Controlled Substances Act.
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April 25, 2024
NJ Couple Convicted Of Luring Immigrants Into Forced Labor
A New Jersey federal jury has convicted a Burlington County couple on charges related to luring two undocumented immigrants to the United States and forcing them to perform domestic labor and childcare in their home, federal prosecutors announced Wednesday.
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April 25, 2024
No Coverage For Grants To Fraudulent Charity, Judge Rules
A Denver-based charity cannot get coverage for the $349,000 in grants it gave to a different charity whose founder was accused by state authorities of lying about its nonprofit status, a Colorado federal court ruled, finding that a computer fraud provision was not triggered.
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April 25, 2024
Coverage Recap: Day 3 Of Trump's NY Hush Money Trial
Law360 reporters are providing live updates from the Manhattan criminal courthouse as Donald Trump goes on trial for allegedly falsifying business records related to hush money payments to adult film actress Stormy Daniels ahead of the 2016 election. Here's a recap from day three.
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April 25, 2024
Trump Legal Fees Paid Via Illegal Scheme, Watchdog Org Says
Donald Trump's 2024 presidential campaign and related political committees have masked payments for millions of dollars in legal work done for the former president in a possible violation of federal law, an election watchdog claims in a complaint filed Wednesday with the Federal Election Commission.
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April 25, 2024
Real Estate Owner Indicted On $4.8M Tax Evasion Charges
A commercial real estate owner used a series of limited liability companies to hide $4.8 million in income from the Internal Revenue Service, according to an indictment in Washington federal court on tax evasion charges.
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April 25, 2024
Attys, Insurance Agent Found Guilty Of Tax-Avoidance Scheme
Two St. Louis tax attorneys and a North Carolina insurance agent on Thursday were found guilty on all counts of conspiring to defraud the federal government and aiding in the filing of false tax returns for their role in a tax avoidance scheme that prosecutors claim cost the Internal Revenue Service more than $4 million.
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April 25, 2024
Atty Group Asks Justices To Review Judge's Non-Recusal
The Association of Professional Responsibility Lawyers urged the U.S. Supreme Court to review a D.C. Circuit judge's decision not to recuse himself from a former al-Qaida member's case, saying the judge's refusal undermined ethical standards for judges.
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April 25, 2024
OECD Says Latvia Must Shift Tax Burden, Limit Fuel Subsidies
Latvia needs to shift its tax burden off labor and onto other forms of income such as property, and to eliminate harmful subsidies and tax practices around fossil fuels, the Organization for Economic Cooperation and Development said Thursday.
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April 25, 2024
Indictment Says 'Car Wreck Clyde' Skimmed From Client Deals
A federal grand jury has indicted a Houston attorney and his former office manager over claims they defrauded clients by skimming nearly $2.4 million from settlement proceeds and using the funds for personal expenses, including private school and Ferraris.
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April 25, 2024
Justices Skeptical Of Trump's Absolute Immunity Bid
A majority of the U.S. Supreme Court appeared open Thursday to the idea of limited immunity for former presidents related to the office's core constitutional powers, but divisions emerged among the justices over how to determine when acts outside of that narrow category are potentially subject to criminal prosecution.
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April 25, 2024
Ga. Fund Manager Stole Millions And Fled Country, SEC Says
An Atlanta financier was hit with a U.S. Securities and Exchange Commission civil suit Wednesday alleging he ripped off investors in his nearly $10 million hedge fund, stealing millions to enrich himself while falsifying records of the fund's purported success.
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April 25, 2024
Weinstein May Be Retried After NY Court Overturns Conviction
Harvey Weinstein seems poised to go to trial again in New York and testify in his own defense after the state's highest court overturned the movie mogul's rape conviction Thursday in a contentious, split opinion that found his first jury proceeding was unfair.
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April 24, 2024
Giuliani Among 18 Trump Allies Charged In Ariz. Election Case
An Arizona grand jury has indicted 18 allies of former President Donald Trump over their alleged efforts to subvert the results of the 2020 presidential election, the Arizona Attorney General's Office announced Wednesday, including former state lawmakers and several unnamed individuals who appear to be former White House Chief of Staff Mark Meadows and disgraced attorneys Rudy Giuliani and John Eastman.
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April 24, 2024
Ex-Autonomy GC Tells Jurors He Wanted To Be 'Helpful' To HP
Autonomy's former U.S. general counsel conceded Wednesday in the criminal trial of former CEO Michael Lynch that he told an HP lawyer he wanted to be as "helpful" as possible to the company as it was investigating Autonomy-related issues that popped up after the Silicon Valley giant purchased the British company, and that he was told he could face liability for his work at Autonomy.
Expert Analysis
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McKesson May Change How AKS-Based FCA Claims Are Pled
The Second Circuit’s analysis in U.S. v. McKesson, an Anti-Kickback Statute-based False Claims Act case, provides guidance for both relators and defendants parsing scienter-related allegations, say Li Yu at Dicello Levitt, Ellen London at London & Stout, and Erica Hitchings at Whistleblower Law.
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Series
Being An Equestrian Makes Me A Better Lawyer
Beyond getting experience thinking on my feet and tackling stressful situations, the skills I've gained from horseback riding have considerable overlap with the skills used to practice law, particularly in terms of team building, continuing education, and making an effort to reset and recharge, says Kerry Irwin at Moore & Van Allen.
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Teach Your Party Representative The Art Of Nonverbal Cues
As illustrated by recent reports about President Donald Trump’s nonverbal communication in court, jurors notice what’s happening at counsel table, which may color their perceptions of the case as a whole, so trial attorneys should teach party representatives to self-monitor their nonverbal behaviors, says Clint Townson at Townson Consulting.
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Georgia's Foreign Lobbying Bill Is Not A FARA Copycat
Though a recently passed bill in Georgia aims to mirror the transparency goals of the federal Foreign Agents Registration Act by imposing state-specific disclosure requirements for foreign lobbyists, the legislation’s broad language and lack of exemptions could capture a wider swath of organizations, say attorneys at Holtzman Vogel.
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4 Ways To Refresh Your Law Firm's Marketing Strategy
With many BigLaw firms relying on an increasingly obsolete marketing approach that prioritizes stiff professionalism over authentic connection, adopting a few key communications strategies to better connect with today's clients and prospects can make all the difference, say Eric Pacifici and Kevin Henderson at SMB Law.
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Tips For Balanced Board Oversight After A Cyberincident
The U.S. Securities and Exchange Commission's cybersecurity disclosure rules, as well as recent regulatory enforcement actions bringing board governance under scrutiny, continue to push boards toward active engagement in relation to their cyber-oversight role, despite it being unclear what a board's level of involvement should be, say attorneys at Alston & Bird.
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Breaking Down DOJ's Individual Self-Disclosure Pilot Program
The U.S. Department of Justice’s recently announced pilot program aims to incentivize individuals to voluntarily self-disclose corporate misconduct they were personally involved in, complementing a new whistleblower pilot program for individuals not involved in misconduct as well as the government's broader corporate enforcement approach, say attorneys at Paul Weiss.
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Ensuring Nonpublic Info Stays Private Amid SEC Crackdown
Companies and individuals must take steps to ensure material nonpublic information remains confidential while working outside the office, as the U.S. Securities and Exchange Commission continues to take enforcement actions against those who trade on MNPI and don't comply with new off-channel communications rules in the remote work era, say attorneys at BakerHostetler.
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Opinion
Seafarer Detention Under Ship Pollution Law Must Have Limits
The U.S. Coast Guard should reinstate limits on the number of days that foreign crew members may be forced to remain in the country while the U.S. Department of Justice investigates alleged violations of shipping pollution laws, in order to balance legitimate enforcement interests and seafarer welfare, say attorneys at Blank Rome.
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Justices' Forfeiture Ruling Resolves Nonexistent Split
The U.S. Supreme Court’s decision in McIntosh v. U.S., holding that a trial court’s failure to enter a preliminary criminal forfeiture order prior to sentencing doesn’t bar its entry later, is unusual in that it settles an issue on which the lower courts were not divided — but it may apply in certain forfeiture disputes, says Stefan Cassella at Asset Forfeiture Law.
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Binance Ruling Spotlights Muddled Post-Morrison Landscape
The Second Circuit's recent decision in Williams v. Binance highlights the judiciary's struggle to apply the U.S. Supreme Court's Morrison v. National Australia Bank ruling to digital assets, and illustrates how Morrison's territorial limits on the federal securities laws have become convoluted, say Andrew Rhys Davies and Jessica Lewis at WilmerHale.
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IRS Sings New Tune: Whistleblower Form Update Is Welcome
In a significant reform at the Internal Revenue Service's Whistleblower Office, the recently introduced revisions to the Form 211 whistleblower award application use new technology and a more intuitive approach to streamline the process of reporting allegations of tax fraud committed by wealthy individuals and companies, says Benjamin Calitri at Kohn Kohn.
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Strategies For Challenging A Fla. Grand Jury Report's Release
A Florida grand jury’s recent report on potential wrongdoing related to COVID-19 vaccines should serve as a reminder to attorneys to review the myriad legal mechanisms available to challenge the lawfulness of a grand jury report’s publication and expunge the names of their clients, says Cary Aronovitz at Holland & Knight.
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First 10b5-1 Insider Trading Case Raises Compliance Issues
The ongoing case against former Ontrak CEO Terren Peizer is the U.S. Department of Justice's first insider trading prosecution based primarily on the filing of 10b5-1 plans, and has important takeaways for attorneys reviewing corporate policies on the possession of material nonpublic information, say attorneys at Cadwalader.
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Series
Whitewater Kayaking Makes Me A Better Lawyer
Whether it's seeing clients and their issues from a new perspective, or staying nimble in a moment of intense challenge, the lessons learned from whitewater kayaking transcend the rapids of a river and prepare attorneys for the courtroom and beyond, says Matthew Kent at Alston & Bird.