White Collar

  • November 13, 2017

    FDIC Can Press WaMu Mortgage Fraud Coverage Suit: Judge

    A Washington federal judge refused Monday to dismiss the Federal Deposit Insurance Corp.'s bid for more than $20 million in excess coverage to defray losses defunct Washington Mutual Bank suffered in a fraud scheme, rejecting insurers' position that the policies don't cover fraudulent mortgages originated before the policy period.

  • November 13, 2017

    Pharma Salesman Cops To Defrauding NJ Insurance Programs

    A New Jersey pharmaceutical sales representative on Monday copped to defrauding state health benefits programs and other insurers out of nearly $500,000 by submitting fraudulent claims for medically unnecessary prescriptions as part of a conspiracy, federal and state prosecutors said.

  • November 13, 2017

    DC Court Reins In Facebook Warrants Linked To Riots

    The D.C. Superior Court has restricted the scope of search warrants issued for three Facebook accounts linked to the 2017 presidential inauguration riots, ordering Facebook to redact all third-party identifying information and forbidding the government from sharing or keeping any irrelevant material it finds.

  • November 13, 2017

    German Co. Reaches $2M Deal In Car Door Latch Antitrust Suit

    German auto parts manufacturer Kiekert AG has agreed to pay $2.28 million to settle a proposed class action from consumers alleging the company conspired to fix the prices of vehicle door latches, according to documents filed in Michigan federal court Monday.

  • November 13, 2017

    Treasury Sanctions Venezuelan Officials, Cites Elections

    The U.S. Department of Treasury has sanctioned 10 Venezuelan government officials following the nation’s mid-October elections, saying the officials have had a hand in undermining electoral processes, censoring the media and participating in “rampant corruption” of government-run food programs.

  • November 13, 2017

    Pa. Atty Says Joint Trial With Allentown Pol Invites Prejudice

    The Norris McLaughlin & Marcus PA attorney charged alongside the mayor of Allentown and a political consultant in a federal corruption indictment had “absolutely nothing to do” with nearly all events described and should get his own trial, counsel for the lawyer said in a Thursday filing in Pennsylvania.

  • November 13, 2017

    Former NJ Federal Prosecutor Joins Ballard Spahr

    Ballard Spahr LLP has added a former New Jersey federal prosecutor, who is also the former attorney-in-charge of the U.S. attorney's office's outpost in Camden, as a partner to the firm’s white collar and internal investigations practice group, the firm announced Monday.

  • November 13, 2017

    Green Tech Exec Must Face SEC Suit, Judge Says

    A former technology company executive will have to answer to claims he defrauded investors after a Texas federal court on Thursday let stand a trimmed-down U.S. Securities and Exchange Commission suit accusing him of orchestrating a scheme to misrepresent the capabilities of a new server.

  • November 13, 2017

    Feds Want Tax Preparers Sanctioned For 'Mocking' Court

    The federal government asked a Florida federal court Thursday to sanction two tax return preparers and their companies in its suit alleging they filed false federal income tax returns, saying they "mocked the discovery process" and someone signed documents with "an expletive rather than his or her name."

  • November 13, 2017

    Pressure On HSBC Grows Over S. Africa Corruption Scandal

    Anti-corruption campaigners called on Monday for enforcement agencies in the U.S and U.K. to open a full probe into a growing banking scandal that has led HSBC to pull down the shutters on accounts linked to a South African bribery case.

  • November 13, 2017

    EU Securities Watchdog Warns Investors On ICO Legal Risks

    Europe’s securities watchdog warned investors on Monday over the risks of initial coin offerings, and said firms using the new trend for cryptocurrency to raise capital may be breaching EU financial laws.

  • November 12, 2017

    Law Society Looks To Intervene In Landmark Privilege Case

    The Law Society of England and Wales said Friday it was seeking permission to intervene in a landmark legal battle between the Serious Fraud Office and mining company Eurasian Natural Resource Corporation that could rewrite attorney-client privilege rules.

  • November 10, 2017

    Ex-Barclays Trader 2nd To Get Libor Conviction Reviewed

    The Criminal Cases Review Commission confirmed on Friday that it will review a former Barclays PLC banker’s petition for a final appeal against his June 2016 conviction for rigging the London Interbank Offered Rate.

  • November 10, 2017

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

    The last week has seen the Premier League bring a copyright claim against Barclays, Bank of Scotland sue an NHS trust and another suit from liquidators at Bilta who have been accusing banks of participating in a vast carbon trading tax fraud. Here, Law360 looks at those and other new claims in the U.K.

  • November 9, 2017

    Senate Promotes BigLaw Attys, AUSAs Alike To Top Spots

    Kirkland & Ellis LLP, Gibson Dunn & Crutcher LLP and King & Spalding LLP are among the firms whose alumni were confirmed by the Senate Thursday as U.S. attorneys for positions across the country, from Vermont to Mississippi to Wyoming.

  • November 9, 2017

    2 Ex-SBM Execs Cop To FCPA Charges In Petrobras Scheme

    Two former oil executives of the Dutch oil company SBM Offshore NV have pled guilty in Texas federal court to a conspiracy to violate the Foreign Corrupt Practices Act for their roles in a scheme to bribe government officials in Brazil, Angola and Equatorial Guinea, the U.S. Department of Justice announced Thursday.

  • November 9, 2017

    Retrophin CEO Says He Was Suspicious Of Ex-Katten Atty

    Retrophin Inc.'s CEO told a New York federal jury Thursday of how he came to believe former Katten Muchin Rosenman LLP attorney Evan Greebel was helping former Retrophin head Martin Shkreli work against the pharmaceutical company after the controversial “pharma bro” was let go as Retrophin’s top executive.

  • November 9, 2017

    Menendez Trial To End In Hung Jury, Excused Juror Predicts

    A juror excused on the third full day of deliberations in the bribery trial of Sen. Bob Menendez and a Florida ophthalmologist predicted Thursday the jury would be unable to reach a verdict, telling reporters she believed the two men were not guilty.

  • November 9, 2017

    Corporate Convictions Pale Beside DPA Gains, SFO Boss Says

    The head of the U.K.'s Serious Fraud Office hit back Thursday at critics of the country's young deferred prosecution agreement program, saying the deals let prosecutors focus on charging individuals rather than winning nominal convictions of corporations.

  • November 9, 2017

    SEC Brass Says Kokesh Ruling A Concern For FCPA Cases

    A co-chief of enforcement at the U.S. Securities and Exchange Commission said in a speech Thursday that the Supreme Court's recent ruling imposing a time limit for the agency to seek disgorgement of ill-gotten gains is likely to have an outsized impact on time-consuming Foreign Corrupt Practices Act cases.

Expert Analysis

  • 2nd Circ. Ruling Shows Pitfalls Of Joint Defense Agreements

    Daniel Wenner

    When attorneys enter into a joint defense agreement, communications with each other and with each other’s clients about the case are privileged. But what happens when the government learns of those communications and finds a way to use them? Such was the issue in the Second Circuit's recent Krug case, says Daniel Wenner, a partner at Day Pitney LLP and former federal prosecutor.

  • Series

    Judging A Book: Pryor Reviews 'Scalia Speaks'

    Judge William Pryor

    Christopher Scalia and Edward Whelan have published an indispensable collection of the late Justice Antonin Scalia's best speeches. "Scalia Speaks: Reflections on Law, Faith, and Life Well Lived" puts on full display Justice Scalia’s skilled writing, quick wit and uncommon wisdom on a wide range of topics — from law to turkey hunting, says Judge William Pryor of the Eleventh Circuit.

  • Financial Crisis Anniversary

    The Inside Counsel Revolution

    Ben Heineman

    The role of the general counsel has significantly grown in importance, with the GC now often replacing the senior partner in the outside law firm as the primary counselor for the CEO and the board. This inside counsel revolution was given great impetus by the financial crisis that started 10 years ago, says Ben Heineman Jr., former general counsel of General Electric Co.

  • SEC Goes Global, Again

    Brian Neil Hoffman

    The U.S. Securities and Exchange Commission has not been shy about enforcing the Foreign Corrupt Practices Act globally. But a recent case against Mexican homebuilding company Desarrolladora Homex and its executives makes clear that the SEC will not hesitate to enforce against foreign companies other provisions of the federal securities laws as well, says Brian Neil Hoffman of Holland & Hart LLP.

  • The Current Fight Against Contraband Art And Antiquities

    Stephen Juris

    Federal and state authorities’ increased focus on the art and antiquities markets — seen this summer with Hobby Lobby’s much-publicized forfeiture of a large collection of ancient Mesopotamian tablets and cylinder seals — presents significant challenges for both legitimate and less scrupulous dealers and collectors, say Stephen Juris and Brian Remondino of Fried Frank Harris Shriver & Jacobson LLP.

  • How Arbitrators Maintain Proportionality In Discovery

    Richard Seymour

    There has been much discussion of discovery proportionality in federal litigation since the December 2015 changes to Civil Rule 26. But arbitrators have long used procedures to simplify the discovery process that courts have only recently begun to adopt, says attorney and arbitrator Richard Seymour.

  • The Law Firm CFO’s Role In The Strategic Planning Process

    Tyler Quinn

    Today's law firm chief financial officer should be involved in many areas beyond traditional financial management, including operations, risk management and information technology. He or she can support strategic planning throughout the process, from development of the plan to its implementation, measurement and eventual evolution, say Tyler Quinn and Marc Feigelson of Kaufman Rossin PA.

  • 'Double-Breasted' Operations Face Criminal Risk

    Benjamin Wish

    The potential civil liability exposure for "double-breasting" — when union and nonunion companies share ownership, equipment, facilities or other features — has been well-established for some time. Now, in the wake of a recent case in the District of Massachusetts, the risk of criminal prosecution is apparent, says Benjamin Wish of Todd & Weld LLP.

  • Law Firms Must Transition To An Industry Sector Approach

    Heidi Gardner

    Clients are beginning to expect and demand that their external lawyers provide advice tailored to the client's industry. Aside from this, law firms should want to move toward a sector approach because industry-focused groups are a natural place for cross-practice collaboration to flourish, say Heidi Gardner and Anusia Gillespie of Harvard Law School.

  • AML For Broker-Dealers: Takeaways From SEC Enforcement

    Jesse Morton

    The U.S. Securities and Exchange Commission recently started regularly using Rule 17a-8 under the Securities and Exchange Act as a tool to enforce anti-money laundering deficiencies with broker-dealers. These enforcement actions offer a number of key takeaways that may help broker-dealers enhance their AML compliance program, says Jesse Morton of Stout Risius Ross LLC.