White Collar

  • January 19, 2017

    Alleged Ringleader Pleads Guilty In $175M Health Fraud

    The alleged ringleader of a scheme that used call centers and kickbacks to generate bogus prescriptions and bilk government and private insurers for $175 million pled guilty Thursday in Florida federal court.

  • January 19, 2017

    The Lawyer Who Will Shape Trump’s Presidency

    Jones Day’s Donald McGahn is stepping into the role of White House counsel, a powerful but little-understood position that has a strong history of impacting the president’s authority.

  • January 19, 2017

    In The Polarized Era Of Trump, BigLaw Searches For Balance

    The alignment of law firms with or against the new administration in legal battles to come could open rifts among attorneys and clients. But the publicity earned for taking on a potentially unpopular case could ultimately be worth any public fallout.

  • January 19, 2017

    Rolling Back Regulation In The Age Of Trump

    The incoming president’s plans to rein in the power of federal agencies will lead to uncertainty for lawyers and their clients as pending investigations and rulemaking are stopped in their tracks.

  • January 19, 2017

    Most Influential Judges On Trump’s Supreme Court Short List

    A new look at the potential U.S. Supreme Court nominees’ rulings reveals a ranking of judicial influence with some surprises at the top — and at the bottom.

  • January 19, 2017

    Microsoft, Gov't Tee Up For Hearing Over User Data Requests

    A Washington federal judge on Thursday told Microsoft and the U.S. government to be prepared to defend their positions on whether companies can assert Fourth Amendment claims on behalf of their customers, in a dispute over gag orders preventing service providers from informing customers of warrants for user data.

  • January 19, 2017

    Ex-Speaker Hastert Sues To Reclaim Sex Abuse Hush Money

    Former House Speaker Dennis Hastert struck back Wednesday at a civil suit filed by the sexual abuse victim whose accusations helped send the politician to prison, saying that the unnamed individual should return the $1.7 million Hastert paid to keep him silent.

  • January 19, 2017

    Takata Bidders Reportedly To Seek Court-Led Rehab In Japan

    Two potential bidders in Takata Corp.'s rehabilitation will present proposals in Japan seeking a court-mediated restructuring of the embattled air bag manufacturer’s operations in the country, according to media reports.

  • January 19, 2017

    Dallas Court Blocks Suit Over Pay For Paxton Prosecutors

    A Texas appellate court on Wednesday again blocked a real estate developer’s lawsuit challenging an hourly rate payment structure for special prosecutors pursuing felony securities fraud charges against Texas Attorney General Ken Paxton, finding his claims moot and not ripe.

  • January 19, 2017

    Revolving-Door Roundup: Cleary, MoFo, King & Spalding

    A number of enforcement attorneys made for the door after the election to the benefit of BigLaw firms like Cleary, which landed the U.S. Securities and Exchange Commission's chief litigator; Morrison & Foerster, which picked up an ex-assistant attorney general; and more.

  • January 19, 2017

    IT Exec, Consultant Charged With $3.4M Fake Invoice Scam

    Manhattan federal prosecutors on Thursday charged an information technology executive for health and retirement benefit funds and a consultant with conspiracy and wire fraud for a purported $3.4 million scheme to bilk the funds for bogus IT services.

  • January 19, 2017

    House, SEC End Health Care Insider Trading Subpoena Row

    The House Ways and Means Committee and the U.S. Securities and Exchange Commission have officially ended their battle over the latter’s bid to subpoena an erstwhile committee staffer in a health care insider trading probe, just two months after the committee dropped its appeal.

  • January 19, 2017

    Kasowitz Snags Ex-Morgan Lewis White Collar Pro In LA

    Kasowitz Benson Torres & Friedman LLP has hired a former Morgan Lewis & Bockius LLP white collar partner and federal prosecutor who has tried dozens of cases, including the wiretapping case against Hollywood private investigator Anthony Pellicano, the firm said Wednesday.

  • January 19, 2017

    7th Circ. Upholds Sentinel CEO's 14-Year Prison Term

    The Seventh Circuit won’t give former Sentinel CEO Eric Bloom a break on his 14-year prison sentence, the court ruled Thursday, saying it found ample evidence to support the jury’s conclusion Bloom used his Illinois investment firm to operate a $666 million fraud.

  • January 19, 2017

    No Pre-Sentence Jail For Leader Of $11M Investing Fraud

    The man at the center of an $11 million investment scheme will remain free ahead of his sentencing in April because concerns raised by federal prosecutors about his post-indictment behavior do not prove that he’s a flight risk, an Illinois federal judge said Thursday.

  • January 19, 2017

    Jason Galanis Pleads Guilty In $60M Tribal Bond Scheme

    Inveterate white collar fraudster Jason Galanis faces up to 30 years in prison after pleading guilty in a New York federal court Thursday to securities fraud and conspiracy charges and hopes, while he’s awaiting sentencing, to be able to keep teaching business courses to fellow inmates.

  • January 19, 2017

    Tribal Justice Grant Program Beset With Delays, DOJ Says

    A watchdog of the U.S. Department of Justice has found some ineffective coordination between the office that administers a program that provides grants for the construction of tribal justice facilities and the bureau responsible for funding those facilities’ operations, resulting in delays in the completion of those projects, the office said Thursday.

  • January 19, 2017

    Medical Supply Co. Owner Accused Of $4.5M Medicaid Fraud

    The owner of a south Texas medical equipment supply company was arrested Thursday, two days after she was indicted by a federal grand jury on charges she defrauded Medicaid by falsifying $4.5 million in billings for incontinence supplies, the Department of Justice announced.

  • January 19, 2017

    Jury Finds Ex-Visium Manager Guilty Of Hedge Fund Fraud

    A Manhattan jury took just 90 minutes Thursday to convict former Visium Asset Management LP portfolio manager Stefan Lumiere of scheming to overvalue a $480 million fund focused on health care-sector debt.

  • January 19, 2017

    Devos Wants Evidence Barred In Money Laundering Case

    A pharmaceutical refund company on Wednesday asked a Pennsylvania federal judge to bar the government from presenting evidence it engaged in money laundering activity before it received payments from manufacturers, saying such evidence would contradict the government’s previous arguments.

Expert Analysis

  • Amended Rule 37(e): 1 Year Later

    Samantha Southall

    After a full year in effect, the amended Federal Rule of Civil Procedure 37(e) has been tested in a variety of district courts. A sampling of these decisions reveals that courts seem to be adhering closely to the amended rule and ordering adverse inference instructions only where there was intent to deprive another party of access to relevant information, say Carrie Amezcua and Samantha Southall of Buchanan Ingersoll & Rooney PC.

  • Health Care Enforcement Review And 2017 Outlook: Part 2

    Karen S. Lovitch

    In 2016, courts around the country heard cases involving a variety of False Claims Act and other enforcement-related matters. Going forward these case law developments are expected to have an impact on both the scope of FCA liability and the means by which FCA liability can be proven at trial, say attorneys at Mintz Levin Cohn Ferris Glovsky and Popeo PC.

  • Avoiding The Hidden Costs Of Bargain-Priced E-Discovery

    Michael Cousino

    Many organizations are interested in finding electronic discovery partners who offer tantalizingly low prices for electronic discovery services. However, unforeseen gaps, lax security practices, ignorance of global practices and delayed deliverables can all add up to a surprisingly large final cost, says Michael Cousino of Epiq Systems.

  • Why Anti-Corruption Due Diligence Is Important In M&A

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    When acquiring and investing in companies, it is critical to evaluate and mitigate the risk of both previous and future violations of the Foreign Corrupt Practices Act. Mark Mendelsohn and Peter Jaffe of Paul Weiss Rifkind Wharton & Garrison LLP discuss unique challenges for investors and essential considerations for mergers and acquisitions.

  • My Strangest Day In Court: When The Witness Died

    Tom Melsheimer

    Just before walking into court to begin jury selection, I learned from the case agent that a key witness had been found dead over the weekend. During the trial, it was not easy to keep the murdered witness out of my mind, especially with the defendant icily staring at me every time I got up to speak, recalls Tom Melsheimer of Fish & Richardson PC.

  • A Record FCPA Year For Pharma

    Melissa L. Jampol

    Teva's Foreign Corrupt Practices Act settlement last month — the largest-ever FCPA resolution involving a pharmaceutical company — was the capstone to a year of many significant FCPA settlements and resolutions with drug companies. This year, it is likely that enforcement will change given the new administration, say Melissa Jampol and Elena Quattrone of Epstein Becker & Green PC.

  • Saving Lawyers 1 Breath At A Time: Mindfulness In The Law

    Jennifer Gibbs

    As critical as lawyers are to society, they are reported to be the most frequently depressed occupational group in the United States. In response to the inherently stressful nature of the practice of law, more and more lawyers are turning to an ancient contemplative practice called “mindfulness,” says Jennifer Gibbs of Zelle LLP.

  • Understanding How Blockchain Could Impact Legal Industry

    R. Douglas Vaughn

    Blockchain is essentially a computerized public ledger that can apply to almost anything that a person might save into a database or spreadsheet. This versatile technology may enhance the legal industry by providing an improved record keeping system, setting up "smart contracts" and tracking intellectual property and land records, say R. Douglas Vaughn and Anna Outzen of Deutsch Kerrigan LLP.

  • Proportionality Takes Hold In 2nd Circ.: Takeaways For 2017

    Elizabeth Del Cid

    District courts within the Second Circuit have issued at least 15 decisions in which a discovery ruling was based, at least in part, on the proportionality factors set forth in amended Federal Rule 26(b)(1). In more than half those decisions, courts denied discovery requests on proportionality grounds. Elizabeth Del Cid and Soren Packer of Murphy & McGonigle PC discuss seven takeaways for litigants as the amended rule turns two.

  • FCPA Predictions For 2017

    Michael Volkov

    Everyone is predicting major changes in the U.S. Department of Justice's Foreign Corrupt Practices Act enforcement. I do not share this view. Frankly, FCPA enforcement is more bipartisan than other controversial enforcement programs, and the DOJ’s FCPA program is very profitable, says Michael Volkov, CEO of The Volkov Law Group LLC and a former federal prosecutor.