White Collar

  • October 17, 2017

    Fund Exec Says 2nd Circ. Can Skip Media Claims In Libel Row

    A former hedge fund executive accusing Bloomberg LP of defamation has urged the Second Circuit to reject media organizations’ contention that New York law protects journalists reporting statements by parties involved in litigation, saying that, if adopted, it would excuse journalists from even “elementary fact-checking.”

  • October 17, 2017

    Madoff Relative Must Hand Over Some Docs In Clawback Case

    A Bernie Madoff relative at the center of a Chapter 11 clawback suit waived attorney-client privilege over an email he received from his lawyer by forwarding it to the incarcerated Ponzi schemer, a New York bankruptcy judge said Tuesday in an opinion that shielded other case files sent to Madoff.

  • October 17, 2017

    ServiceMesh Buyer Seeks Indicted Ex-CEO's Legal Fees

    The company that bought cloud computing business ServiceMesh Inc. in 2013 asked Delaware’s chancellor Tuesday for clearance to pursue millions in escrowed funds for legal fees paid for ServiceMesh’s recently indicted ex-CEO.

  • October 17, 2017

    Feds Say Recorded Calls Prove Ex-HSBC Forex Exec's Guilt

    The U.S. Department of Justice gave closing arguments Tuesday in the trial of former HSBC foreign currency exchange executive Mark Johnson, asking a jury in Brooklyn why, if Johnson is not guilty of defrauding Cairn Energy through a $3.5 billion forex deal, is he talking on the phone like a guilty man.

  • October 17, 2017

    Boss Pushed Pharmacist To Step Up Testing Before Outbreak

    A Boston jury on Tuesday heard several emails from the boss of a former pharmacist on trial for murder that urged him not "cut corners" on sterility and potency testing for the prescription drugs he manufactured shortly before his laboratory landed at the center of a deadly fungal meningitis outbreak.

  • October 17, 2017

    Rio Tinto Hit With SEC Fraud Suit, $36.5M UK Fine

    Mining company Rio Tinto and two former top executives inflated the value of a Mozambique coal business originally acquired for $3.7 billion, the U.S. Securities and Exchange Commission alleged in a suit filed Tuesday, the same day Britain’s Financial Conduct Authority said the London-based company would have to pay a £27 million ($36.5 million) fine for related breaches of disclosure rules.

  • October 17, 2017

    Driver Reverses Not-Guilty Plea In Fatal Immigrant Smuggling

    The driver of a tractor-trailer in which 10 unauthorized immigrants died after being locked inside in extreme heat changed course Monday after entering into an agreement with the federal government and rescinded a not-guilty plea he had entered to the human smuggling charges in August.

  • October 17, 2017

    EIG Funds Say Petrobras Lacks Immunity From Drillship Suit

    An array of funds managed by EIG Global Energy Partners LLC pushed back on Monday against a bid by Petrobras to have the D.C. Circuit reverse a decision allowing the funds to bring claims over a failed drillship venture, urging the appeals court to reject the Brazilian oil and gas behemoth’s “gambit for immunity.”

  • October 17, 2017

    Platinum Judge Suddenly Reassigns $1B Fraud Cases

    The chief federal judge in Brooklyn suddenly reassigned the government's $1 billion fraud cases against several former Platinum Partners executives and others, leaving another judge to handle the nine-month-old parallel civil and criminal cases on Tuesday.

  • October 17, 2017

    Bio-Rad Asks 9th Circ. To Undo $8M Verdict For Ex-GC

    Bio-Rad Laboratories Inc. on Monday asked the Ninth Circuit to overturn an $8 million whistleblower verdict against the company, saying a properly informed and instructed jury would never have found it fired its general counsel for reporting alleged Foreign Corrupt Practices Act violations.

  • October 17, 2017

    Turkish Banker Can’t Duck Iran Sanctions Case, Feds Say

    Federal prosecutors urged a New York federal judge Monday not to dismiss charges against a Turkish banker accused of helping gold trader Reza Zarrab lie to banks to dodge U.S. sanctions on Iran, arguing his bid to duck the allegations or get a separate trial are rehashing already-rejected contentions.

  • October 17, 2017

    2nd Circ. Vindicates Bharara's Level Global Raid

    The Second Circuit on Tuesday tossed Level Global Investors LP founder David Ganek’s claims that then-U.S. Attorney Preet Bharara's 2010 insider trading raid violated his rights, saying there was probable cause for the search even without what Ganek calls falsified evidence.

  • October 17, 2017

    In Microsoft, Justices To Set Feds' Reach For Overseas Data

    The U.S. Supreme Court in weighing the government's ability to access data stored overseas by Microsoft is likely to pick a clear winner in the battle over how far law enforcement can reach for data under the current law, experts say, although some are hoping that the move will prompt Congress to step in to quickly strike a better balance between privacy interests and law enforcement needs in a digital world.

  • October 17, 2017

    Ja Rule Says Fyre Fest Founder Hijacked His Artistic Vision

    Billy McFarland, the beleaguered Fyre Fest impresario who faces fraud charges and class action suits over the failed Bahamas music fest, was accused Tuesday in Manhattan federal court by counsel for Ja Rule of ripping off the rapper's vision.

  • October 17, 2017

    Philly Man Cops To Bribing Transit Authority For Biz Permit

    A Philadelphia man pled guilty in federal court Monday to offering a bribe to an undercover FBI agent to expedite a certification from the Southeastern Pennsylvania Transit Authority for the business he operated with his wife, who has also been charged.

  • October 17, 2017

    High Court Cancels Leidos Arguments In Wake Of Settlement

    The U.S. Supreme Court granted a request on Tuesday by Leidos Inc. and a group of investors in the company to cancel next month's hotly anticipated oral arguments so the parties can finalize a settlement and submit it to a lower court for approval.

  • October 16, 2017

    Agents' Vague Answers Mixed Bag For Defense In $1B Fraud

    Counsel for a Florida businessman charged with orchestrating a $1 billion health care fraud drew some potentially helpful testimony from two federal agents Monday in his bid to disqualify the prosecution team for allegedly violating the suspect's attorney-client privilege, but also struggled to nail down key details.

  • October 16, 2017

    BuzzFeed Sues DOJ For Names In Ex-US Atty's Office Affair

    BuzzFeed hit the U.S. Department of Justice with a Freedom of Information Act complaint in New York federal court Monday, urging the government agency to reveal the names of the former U.S. attorney and a subordinate who were involved in an affair.

  • October 16, 2017

    Theory Behind Menendez Charges Ruled OK Under McDonnell

    The New Jersey federal judge presiding over the bribery trial of Sen. Bob Menendez and a Florida ophthalmologist on Monday rejected their argument that the U.S. Supreme Court’s landmark McDonnell decision invalidated the stream of benefits theory behind most of the charges, sinking their bid for acquittals.

  • October 16, 2017

    Ex-Katten Atty Loses Bid To Nix Shkreli Conspiracy Charge

    Jury selection began Monday in the Brooklyn federal trial of former Katten Muchin Rosenman LLP attorney Evan Greebel, accused of conspiring with "pharma-bro" Martin Shkreli to defraud the pharmaceutical company Retrophin Inc., three days after the judge shot down a defense motion to dismiss one of the conspiracy counts.

Expert Analysis

  • NY's New Stance On Sealing Old Felony Convictions

    David Gourevitch

    In a largely unheralded development, New York state recently authorized state courts to seal nonviolent criminal convictions that are more than 10 years old. The statute, one of the most expansive record-sealing provisions in the nation, represents an abrupt and dramatic about-face for New York, says attorney David Gourevitch.

  • A BigLaw Ladies’ Guide To Becoming A 1st-Chair Trial Lawyer

    Sarah Rathke

    Judge Shira Scheindlin recently published an op-ed in The New York Times discussing the statistical truth that law firms have poor representation of female attorneys as first-chair trial lawyers. Backed by data collected by the New York State Bar Association, Judge Scheindlin’s observation is not merely anecdotal. But it doesn’t have to be inevitable, says Sarah Rathke, a partner and trial lawyer at Squire Patton Boggs LLP.

  • A Close Look At Deferred Prosecution Agreements: US Vs. UK

    Amaee, Robert Cropped HiRes.jpg

    Companies that become subject to parallel investigations in the U.S. and the U.K. must be mindful of the fact that taking the same approach to disclosure and cooperation in both jurisdictions may not lead to the most favorable outcome, says Robert Amaee, head of Quinn Emanuel's white collar and corporate investigations practice in London.

  • Opinion

    September Madness: Problems With NCAA Corruption Case

    Randall Eliason

    I'm not saying the charges filed last month against 10 individuals in a college basketball corruption scheme are legally flawed — not all of them, anyway. But I do question whether bringing multiple felony charges on these facts is sound exercise of prosecutorial discretion, says Randall Eliason, a former federal prosecutor.

  • CFTC Self-Reporting Policy Leaves Open Several Questions

    Douglas Yatter

    It is unclear how successful the U.S. Commodity Futures Trading Commission's newly announced policy will be in motivating firms to self-report when they know they will face a costly, disruptive and potentially open-ended enforcement investigation before receiving the benefit of a penalty reduction, say attorneys with Latham & Watkins LLP.

  • 5 Tips To Ensure Proper Deposition Behavior

    Brian McDermott

    If conducted properly, depositions can be a powerful tool. At times, though, opposing counsel employ tactics to impede the examiner’s ability to obtain unfiltered, proper testimony from the deponent. By knowing and effectively using applicable rules and case law, however, deposing attorneys can take specific steps to combat these tactics, say attorneys with Ogletree Deakins Nash Smoak & Stewart PC.

  • Courts Scrutinizing Warrants For Electronic Data

    Henry Hockheimer

    Recent rulings from a New York federal court in Wey and the D.C. Circuit in Griffith represent a serious pushback to government efforts to write boundless warrants and to seize phones and computers without a sufficiently particularized showing of probable cause, say Henry Hockeimer and Thomas Burke of Ballard Spahr LLP.

  • Making Sense Of The SEC Data Breach

    Scott Kimpel

    Chairman Jay Clayton of the U.S. Securities and Exchange Commission recently made the surprising announcement that the SEC’s EDGAR database had been hacked. The chairman’s statement and subsequent testimony leave a number of critical questions unanswered, says Scott Kimpel of Hunton & Williams LLP.

  • Series

    Judging A Book: Tunheim Reviews 'Miles Lord'

    Chief Judge John Tunheim

    Litigator Roberta Walburn’s rollicking new book, "Miles Lord: The Maverick Judge Who Brought Corporate America to Justice," is a really good read — a fascinating story about a life lived in the heat of battle and usually at the edge of what might have been considered appropriate for a federal judge, says Chief U.S. District Judge John Tunheim of the District of Minnesota.

  • The UK Criminal Finances Act From A D&O Perspective

    Carey Lynn

    Last week, the U.K.'s Criminal Finances Act came into force, introducing new criminal offenses intended to help prosecutors prove when senior members of a company are actively involved in illegal activity. As the government continues to roll out new offenses, insureds should ensure that their directors and officers insurance policies keep pace, says Carey Lynn of JLT Specialty Limited.