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White Collar
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March 20, 2024
UK Pension Fraud Fund To Pay Out £416M To Victims By 2026
The U.K.'s pension lifeboat scheme said Wednesday it expects to pay up to £416.7 million ($530 million) in compensation to members of pension schemes that have been hit by scams.
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March 20, 2024
NY AG Scoffs At Trump's Claim Of 'Impossible' $465M Bond
The New York Attorney General's office on Wednesday disputed Donald Trump's claim that posting bond while he appeals a $465 million civil fraud judgment is a "practical impossibility," arguing the former president and his business empire haven't exhausted all avenues.
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March 20, 2024
Russian F1 Driver's EU Sanctions Over Oligarch Father Lifted
A Formula One racing driver and son of a Russian oligarch has won his fight to lift European Union sanctions, with a court ruling Wednesday there was insufficient evidence to prove that his business interests were benefiting from his fathers' wealth.
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March 20, 2024
Belarusian Tire Maker Wins EU Sanctions Challenge
The European Union unlawfully imposed sanctions on a state-owned Belarusian tire business because it failed to prove that the company was supporting the country's president, a European court ruled Wednesday.
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March 20, 2024
Health And Safety Top Risk For Directors, Global Survey Says
Health and safety is the top risk for directors and officers worldwide, according to a survey published Wednesday, in a "surprise" result partly attributed to the lingering impact of the COVID-19 pandemic on businesses and increasing mental health considerations.
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March 20, 2024
Ex-Russian Minister Fails To Renew Bid To Jail Deripaska
The Court of Appeal dismissed on Wednesday an attempt by Vladimir Chernukhin, a former Russian minister, to have his ex-business associate Oleg Deripaska jailed for contempt of court, finding that a judge had been entitled to conclude the case had not met the criminal standard of proof.
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March 20, 2024
EU Commission Builds 'Toolkit' To Fight Counterfeiting
The European Commission has adopted new measures to crack down on counterfeiting aimed at strengthening intellectual property rights by increasing the sanctions for criminal offenses while also designating a single contact point for enforcement issues.
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March 20, 2024
Prince Harry, Others Bid To Pull Murdoch Into Privacy Claim
Prince Harry and other claimants urged a London court on Wednesday to allow them to add allegations about the use of private investigators to their claim against tabloid publisher News Group, saying that leading figures in the company including Rupert Murdoch were involved in an alleged cover-up.
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March 20, 2024
Russian Exec Argues Jailed Biz Partner Can't Escape Judgment
A Russian businessman has pressed a California federal court not to vacate a default entered against his former business partner as the businessman attempts to collect an award of more than $92 million, saying it "strains credulity" to believe that his ex-partner couldn't answer the litigation while jailed in France.
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March 20, 2024
Trump Gets Ga. Court's OK To Appeal Willis DQ Ruling
Donald Trump and his co-defendants in the Georgia election-interference case won permission Wednesday to immediately appeal a ruling allowing Fulton County District Attorney Fani T. Willis to remain on the case despite concerns about her romantic relationship with a special prosecutor.
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March 20, 2024
British Bank CEOs Shift Blame For Pay Fraud To Social Media
Britain's largest banks told a cross-party group of MPs Wednesday they blamed social media and telecommunications companies for a rise in authorized push payment fraud in the banking sector, calling for mandatory requirements to help prevent it.
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March 20, 2024
RI Ex-Broker Gets 8 Years In Ponzi Scheme
A Rhode Island man was sentenced to eight years in prison for running a decade-long Ponzi scheme to defraud investors and to evade his taxes.
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March 20, 2024
Dentons AML Ruling Deals Blow To SRA's Enforcement Plans
The failure by the Solicitors Regulation Authority to secure a sanction against Dentons over the firm's handling of anti-money laundering checks on a former client is a blow to the regulator's enforcement ambitions which – if upheld – could prompt caution in future prosecutions, lawyers say.
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March 20, 2024
Ex-LC&F Chief Says SFO And FCA 'Wrecked' His Career
A former director of London Capital & Finance had his career "wrecked" by the finance regulator and fraud investigation agency when they forced the investment company into administration without reason, his lawyers said at his trial Wednesday.
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March 20, 2024
Woman Guilty Of Laundering Proceeds Of £5B Bitcoin Fraud
A British-Chinese woman has been convicted of money laundering in London over allegations that she helped a fugitive Chinese national launder bitcoin converted from a £5 billion ($6.3 billion) investment fraud, it can now be reported.
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March 20, 2024
Law360 Announces The Members Of Its 2024 Editorial Boards
Law360 is pleased to announce the formation of its 2024 Editorial Advisory Boards.
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March 20, 2024
US Chamber's Litigation Funding Concerns Spur 2 State Laws
Amid concerns from the U.S. Chamber of Commerce about third-party litigation funding, including from potentially hostile foreign entities, state legislatures in Indiana and West Virginia have recently passed bills imposing restrictions on the practice.
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March 20, 2024
How BigLaw Vets Are Expanding Trial Boutique Dowd Bennett
Law360 Pulse recently caught up with James Bennett, co-founder of boutique litigation firm Dowd Bennett LLP, to discuss the firm's expansion this year in Chicago and Dallas.
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March 20, 2024
DA Says Greenhouse Suit Interferes With Code Enforcement
The San Bernardino County district attorney is asking a California federal judge to throw out a suit from a Native American-owned company aiming to block the DA from abating and removing equipment from greenhouses that was used in an illegal cannabis operation involving a prior owner.
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March 20, 2024
Imprisoned Money Laundering Boss Ordered To Pay £3.5M
The imprisoned ringleader of a money laundering network that smuggled tens of millions of pounds in criminal cash out of the U.K. to the United Arab Emirates has been ordered to repay £3.5 million ($4.4 million), the National Crime Agency has said.
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March 19, 2024
Trump Allies Say DC Circ. Gave Partisan Attys 'A Loaded Gun'
The D.C. Circuit's rejection of former President Donald Trump's purported immunity from indictment will trigger "the complete partisan weaponization of criminal law" and empower officeholders to "clear the field of their political rivals," supporters of the beleaguered ex-president told the U.S. Supreme Court on Tuesday.
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March 19, 2024
2 Men Behind Chinese Co. Stole Tesla Trade Secrets, Feds Say
Brooklyn federal prosecutors have charged a Canadian man residing in China and his Chinese business partner with scheming to sell secret battery manufacturing technology that belongs to Tesla, the U.S. Department of Justice announced Tuesday.
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March 19, 2024
5th Circ. Ducks 'Pandora's Box' In Tossing SEC Gag Rule Row
The U.S. Securities and Exchange Commission on Tuesday defeated a challenge to its so-called gag rule against settling defendants, with the Fifth Circuit writing that it didn't want to open a "Pandora's box" by ruling that it had jurisdiction to review a financial radio show host's appeal of a decision that wasn't a final judgment.
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March 19, 2024
LA Councilman's Wife Tells RICO Jury Of Vegas Cash Wads
Former Los Angeles City Councilman Jose Huizar's wife got into a disagreement with him once over a wad of cash he brought back from a trip to Las Vegas with a billionaire developer, she testified Tuesday to a federal jury considering racketeering charges against another former city official, Raymond Chan.
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March 19, 2024
Marvel Actor's Ex-Girlfriend Alleges Defamation, Assault
The ex-girlfriend of actor Jonathan Majors on Tuesday lodged assault, defamation and malicious prosecution claims against the Marvel star, claiming that he launched a campaign to ruin her reputation after she spoke out about his alleged physical and verbal abuse.
Expert Analysis
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Series
The Pop Culture Docket: Judge Espinosa On 'Lincoln Lawyer'
The murder trials in Netflix’s “The Lincoln Lawyer” illustrate the stark contrast between the ethical high ground that fosters and maintains the criminal justice system's integrity, and the ethical abyss that can undermine it, with an important reminder for all legal practitioners, say Judge Adam Espinosa and Andrew Howard at the Colorado 2nd Judicial District Court.
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A Closer Look At Evolving Early Release Programs
As the implementation of the First Step Act continues to progress and the U.S. Sentencing Commission amends its guidelines, white collar defense attorneys should understand the many mechanisms that can help reduce a client’s prison sentence early on in any case, say attorneys at Abell Eskew.
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How Del. 'Arising Out Of' Ruling May Affect Insurance Cases
The Delaware Supreme Court decision in Ace American Insurance v. Guaranteed Rate focused on a professional services exclusion, but the ruling has wide-ranging application in insurance coverage disputes involving any exclusions that employ "arising out of" or similar prefatory language, say Keith McKenna and Maria Brinkmann at Cohen Ziffer.
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Teach Your Witness About 'Good' And 'Bad' Testimony Words
To ensure honest and accurate testimony in trials and depositions, attorneys must take care to educate their witnesses about the problematic words opposing counsel may use, such as “always” and “must,” and the effective words they can use in response, like “potentially” and “depends,” say Steve Wood and Bill Kanasky at Courtroom Sciences.
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New DOJ Roles Underscore National Security Focus
The U.S. Department of Justice’s recent creation of two new leadership positions signals to the private sector that federal law enforcement is pouring resources into corporate investigations to identify potential national security violations, say attorneys at Ballard Spahr.
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What Justices' Cert. Denial Of Terrorism Suit Means For Banks
The U.S. Supreme Court's denial of certiorari in Freeman v. HSBC Holdings lets stand the Second Circuit's decision on the narrow scope of conspiracy liability under the Justice Against Sponsors of Terrorism Act, providing protection for banks that otherwise could have faced liability for finance activities with limited connections to third parties' unlawful acts, say attorneys at Sidley.
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Unearthing The Lesser-Known 'Buried Facts' Doctrine
A New York federal judge’s recent suggestion that the “buried facts” doctrine may be applicable in the fraud trial of FTX cofounder Sam Bankman-Fried should serve as a reminder to attorneys in all kinds of cases involving corporate disclosures that this lesser-known rule could torpedo their defense, say Corban Rhodes and Li Yu at DiCello Levitt.
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Opinion
Newman Suspension Shows Need For Judicial Reform
The recent suspension of U.S. Circuit Judge Pauline Newman following her alleged refusal to participate in a disability inquiry reveals the need for judicial misconduct reforms to ensure that judges step down when they can no longer serve effectively, says Aliza Shatzman at The Legal Accountability Project.
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Taking A Walk Down Mandamus Lane After 2nd Circ. Ruling
The Second Circuit’s recent decision to deny a writ of mandamus, filed by a law firm after a lower court barred it from representing a Salvadoran oil company, adds to the nuanced and sometimes conflicting mandamus case law that requires careful research before litigants seek appellate review, says Michael Soyfer at Quinn Emanuel.
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5th Circ. Ruling Shows Need For Proffer Terms Negotiation
The Fifth Circuit’s recent U.S. v. Shah decision, holding that a defendant breached his proffer agreement, illustrates why defense attorneys should insist on negotiating the terms of such agreements with prosecutors to protect their clients at trial, say attorneys at Haynes Boone.
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EPA Report A Reminder That Fuel Credits Are 'Buyer Beware'
A recent report from the U.S. Environmental Protection Agency's Office of Inspector General is a reminder that fraud risk in the renewable fuel identification number market remains, and that purchasers are ultimately responsible for ensuring the validity of credits they buy, say David McIndoe and Nick Hillman at Eversheds Sutherland.
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DeFi Enforcement Is Growing, Despite CFTC Dissonance
The U.S. Commodity Futures Trading Commission’s recently settled actions against operators of three decentralized finance protocols appear to be part of an enhanced enforcement push, though commissioners don’t agree on how to promote constructive regulation, say Michael Philipp and Sarah Riddell at Morgan Lewis.
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Practicing Under DOJ 'Safe Harbor' Policy For M&As
The U.S. Justice Department's recently announced safe harbor policy for mergers and acquisitions offers greater specificity and predictability for acquiring companies that need time to self-report violations, but it's important to remember that the new window is not endless, say attorneys at Simpson Thacher.
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Considerations And Calculations For DOJ Clawback Program
The U.S. Department of Justice’s clawback pilot program announced earlier this year presents numerous questions for businesses, and both hypothetical and recent real-world examples capture how companies’ cost-benefit analyses about whether to claw back compensation in exchange for penalty reductions may differ, say Yogesh Bahl and Jonathan Hecht at Resolution Economics.
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SEC's Life Sciences Actions Utilize Novel Tools And Theories
Recent enforcement actions show that the U.S. Securities and Exchange Commission is employing new forms of data analytics and noteworthy applications of insider trading laws in its scrutiny of fraud within the life sciences and health industries, say Edward Imperatore and Jina Choi at MoFo.