White Collar

  • September 12, 2017

    White House Pushes To Make Surveillance Law Permanent

    U.S. Attorney General Jeff Sessions and Director of National Intelligence Dan Coats have urged Congress to permanently reauthorize a statute allowing for the surveillance of foreign targets outside the United States, saying it provides for the collection of information that is critical to the intelligence community, the U.S. Department of Justice said on Monday.

  • September 11, 2017

    Menendez Provided Visa Help For Doctor, Ex-Staffer Says

    A onetime aide to Sen. Bob Menendez said Monday at the lawmaker's and a Florida ophthalmologist's bribery trial that the senator directed him in 2008 to assist with visa applications for the doctor's alleged girlfriends, but defense counsel noted that Menendez provided similar advocacy that same year for unrelated applicants.

  • September 11, 2017

    SEC Says 1 Trial For 2 Plenty In KPMG Partner Tipping Row

    The U.S. Securities and Exchange Commission urged a Georgia federal judge on Friday to rebuff a request for separate trials made by a former KPMG LLP partner and the stockbroker he is alleged to have tipped off about the upcoming acquisitions of three publicly traded companies.

  • September 11, 2017

    Manhattan DA Wants Up To 4 Years For Ex-Dewey CFO

    Dewey & LeBoeuf LLP’s ex-chief financial officer should get up to four years in prison after his conviction for fraud and conspiracy, Manhattan prosecutors said, emphasizing that Joel Sanders has refused to fess up to his role in the firm’s financial collapse.

  • September 11, 2017

    Mueller Probe Reopens Unsettled Questions Of Privilege

    The prospect of White House counsel Donald McGahn being interviewed in the ongoing Russia investigation raises familiar questions about whether the president can invoke some form of privilege to avoid scrutiny. But the handful of federal appeals courts to address the issue since Watergate offer few definitive answers.

  • September 11, 2017

    DOJ Hits Ex-Deutsche Trader With Crisis-Era Fraud Claim

    The U.S. Department of Justice on Monday accused the former head of subprime trading at Deutsche Bank of misrepresenting the characteristics of two residential mortgage-backed securities prior to the financial crisis, in a civil suit filed in New York federal court.

  • September 11, 2017

    Stock-Drop Suit Targeting PJT For Banker's Fraud Thrown Out

    A Manhattan federal judge on Friday tossed a securities fraud suit targeting PJT Partners Inc. over the massive fraud perpetrated by Andrew Caspersen, finding the suit did not link the fallen private equity banker's deceit to any viable claim that the bank set out to deceive shareholders.

  • September 11, 2017

    Ex-NJ Housing Exec Gets 3-Year Probation In HUD Case

    The former executive director of the Ocean City Housing Authority has been slapped in New Jersey federal court with a sentence of three years' probation for embezzling funds from the U.S. Department of Housing and Urban Development to cover the purchase of dozens of MasterCard gift cards that she used for personal expenses or gave to family and friends.

  • September 11, 2017

    Ind. Man Takes Tax, Fraud Conviction To High Court

    An Indiana man convicted of filing false tax returns, fraud and failing to disclose foreign bank accounts is appealing his six-year prison sentence to the U.S. Supreme Court, arguing that lower courts should not be able to avoid evidentiary hearings as a matter of convenience.

  • September 11, 2017

    Bank Fraud Charges Against Jewelry Store Owner Dismissed

    A Massachusetts federal judge on Monday threw out the government’s criminal case against a luxury jewelry store owner charged with falsifying inventory entries to receive additional financing, saying the government didn’t try hard enough to make a timely arrest.

  • September 11, 2017

    Ex-LA Sheriff Delays Start Of 3-Year Obstruction Sentence

    Los Angeles County’s former sheriff, who was recently convicted of obstructing an FBI investigation of prisoner abuse, has secured a second last-minute reprieve from his three-year prison term after filing a Ninth Circuit motion to stay the sentence on Friday.

  • September 11, 2017

    NY Atty Forged Docs To Inflate Damages, Feds Tell Jury

    A New York attorney forged a commercial lease in order to inflate damages in a pet store chain's $20 million contract suit against a pet food company and then lied about the forgery to a federal judge, prosecutors told a California federal jury during trial openings Monday.

  • September 11, 2017

    Pardon Can’t Restore Nurse’s License, Del. Court Says

    A nurse who was convicted for impersonating a doctor to write herself prescriptions was unable to convince a Delaware court to restore her nursing license despite a pardon from the state’s governor, with the court ruling Friday that her license was revoked for misconduct separate from her crime.

  • September 11, 2017

    Gov't Tells High Court Leidos Had CityTime Disclosure Duty

    The federal government has urged the U.S. Supreme Court to uphold a decision allowing investors to sue Leidos for allegedly not disclosing all “known trends and uncertainties” related to its connection to New York City’s scandal-plagued CityTime project, arguing Leidos had an implied duty to disclose that information.

  • September 11, 2017

    Ex-Union Head, Platinum Founder Can't Dodge Fraud Charges

    A Manhattan federal judge refused on Monday to dismiss charges against a union leader accused of taking kickbacks from Platinum Partners LP's founder in exchange for investment business, saying prosecutors could rely on phone calls that were incidentally wiretapped in a separate probe.

  • September 11, 2017

    Nutter’s Privacy, White Collar Groups Add Cybersecurity Pro

    Nutter McClennen & Fish LLP has tapped a data breach and cybercrime expert with a background in digital forensics investigations to join the leadership of its privacy and data security practice group and become a member of its white collar defense practice group, the law firm said.

  • September 11, 2017

    Convicted Exec Denies Guilt, Wants Iran Sanctions Suit Axed

    A man convicted of exporting motor oil to Iran in violation of U.S. sanctions asked a Georgia federal court to toss his former company’s $4.25 million lawsuit pinning asset seizures and legal fees on him, arguing his innocence despite his guilty plea while saying his company’s Russian parent approved of all his work.

  • September 8, 2017

    Why More Global Giants Are Renouncing Their HQs

    As more and more international legal giants opt to renounce their headquarters — a move that can woo clients and merger partners alike — experts say it’s a step that also brings its own set of management challenges.

  • September 8, 2017

    Firms Stay The Course On London Growth Amid Brexit Haze

    A year after the U.K.’s vote to end its membership in the European Union, most firms are either hewing to existing expansion plans or making tweaks around the edges, with even the most avid crystal ball-gazers at a loss for what Brexit will mean in the long term.

  • September 8, 2017

    Law360 Reveals The Global 20 Firms Of 2017

    When it comes to having the global expertise to handle complex cross-border matters spanning multiple time zones, some firms stand out from the rest. Here, Law360 reveals its seventh annual ranking of the firms with the biggest international presence.

Expert Analysis

  • US Presidents Are Not Immune From Criminal Prosecution

    David Chaiken

    For 40 years, America’s top constitutional scholars have uniformly concluded that nothing in the text or the history of the U.S. Constitution bars the criminal indictment, arrest, trial, conviction or imprisonment of a sitting president. And yet pundit after pundit has recently opined that a president cannot be criminally prosecuted while in office, says David Chaiken, a partner at Troutman Sanders LLP and former federal prosecutor.

  • Series

    15 Years Of SOX: It Is Time To Revisit The Burdens

    Adam Ingles

    The Sarbanes-Oxley Act — with Section 404 being its most burdensome mandate — was a regulatory “overcorrection” that many believe has stifled access to public capital markets and increased regulatory costs far more than any recent financial regulations ever will. The 15 years of post-SOX regulatory environment has been anything but favorable for new, entrepreneurial businesses, say Adam Ingles and Frank Gonzalez of MBAF.

  • 5 Questions All AFAs Should Answer Clearly

    Gregory Lantier

    While no particular form is required to establish a durable alternative fee arrangement, there are terms that should, for the benefit of both client and outside attorney, be expressly set forth in the agreement itself, but are often overlooked, say attorneys with WilmerHale.

  • Series

    15 Years Of SOX: The WorldCom And Enron Securities Cases

    Jeffrey Golan

    The private securities cases involving WorldCom and Enron, which were ongoing at the time the Sarbanes-Oxley Act was enacted 15 years ago, served notice on board members and corporate executives of the very real and costly consequences of being asleep at the switch, say Jeffrey Golan and Chad Carder of Barrack Rodos & Bacine.

  • Tickets To Roberts Court: Good For This Day And Train Only?

    Rahul Mukhi

    Chief Justice John Roberts has charted his legacy to be one of court consensus and the narrow decisions that such consensus begets. But, as illustrated by two recent criminal law decisions, this may mean the U.S. Supreme Court is drifting away from its principal role of providing guidance to the lower courts on open and recurring legal questions, say Rahul Mukhi and David Felton of Cleary Gottlieb Steen & Hamilton LLP.

  • Cybersecurity Risks In The Courtroom

    Daniel Garrie

    As cybercriminals continue to look for easy targets, the court system will surely enter their crosshairs. If judges and court personnel do not maintain proper data security and cyber hygiene, confidential litigant information can fall into the hands of a wide variety of bad actors, say Daniel Garrie of JAMS, David Cass of IBM Cloud, Joey Johnson of Premise Health Inc. and Richard Rushing of Motorola Mobility LLC.

  • OFAC's Settlement With CSE Global Breaks New Ground

    Roberto J. Gonzalez

    On July 27, the Office of Foreign Assets Control announced a $12 million settlement with CSE Global Limited and its subsidiary, CSE TransTel Pte. Ltd. This appears to be the first time OFAC has penalized a non-U.S., non-financial company for “causing” sanctions violations by initiating U.S. dollar payments involving a sanctioned country, say members of Paul Weiss Rifkind Wharton & Garrison LLP.

  • Views From The Bench On Sentencing Representation: Part 9

    Alan Ellis

    I recently interviewed two Eastern District of California judges who are known for handing down stiff sentences. Chief Judge Lawrence O’Neill and Judge Morrison England offered some helpful advice for defense lawyers at sentencing, says criminal defense attorney Alan Ellis.

  • Revisiting Preclusion Principles In Derivative Actions

    Jonathan Richman

    The Delaware chancellor’s recent proposal to revise the law on preclusion in shareholder derivative actions, if adopted by the Delaware Supreme Court, could increase the difficulty of obtaining dismissal of subsequent derivative actions. It could also influence all parties’ strategic decisions, says Jonathan Richman, co-head of the securities litigation group at Proskauer Rose LLP.

  • Monthly Column

    Gray Matters: Clients Are Not Really 'Emotional'

    Gray Matters

    When you look at your client through the "survival circuit" lens, what first appeared as an emotional mess is now valuable information about what is important to them, what needs have to be met to settle the case, or what further clarity your client requires before moving forward, say dispute resolution experts Selina Shultz and Robert Creo.